The criminal offense of sextortion is a form of blackmail or extortion and is committed when a person threatens to publish private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity unless the person provides something of value—such as money, sexual activity, more sexual images, or the performance of sexual acts (often online using webcams).
Sextortion laws vary from state to state and are sometimes part of a state’s laws regarding revenge pornography, blackmail, extortion, bribery, or cyberstalking and are prosecuted under those or other criminal offenses rather than as a specific offense called sextortion. These laws are generally located in a state’s statutes—often in the penal or criminal code—and are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material.
In Illinois, sextortion is not recognized as a distinct criminal offense under a specific statute titled 'sextortion.' However, individuals who engage in sextortion can be prosecuted under various existing state laws that criminalize related conduct. For instance, Illinois has laws against non-consensual dissemination of private sexual images, which is commonly referred to as 'revenge porn.' Under 720 ILCS 5/11-23.5, it is a criminal offense to knowingly distribute an image of another person who is at least 18 years old without their consent, where the person is identifiable and engaged in a sexual act or whose intimate parts are exposed. Additionally, sextortion could be prosecuted under extortion or blackmail statutes, such as 720 ILCS 5/12-6, which makes it a crime to obtain control over another person with the intent to obtain money, property, or services by threatening harm. Furthermore, cyberstalking and harassment via electronic communication are also criminalized under Illinois law (720 ILCS 5/12-7.5 and 720 ILCS 5/26.5-0.1), which could encompass certain sextortion behaviors. Victims of sextortion in Illinois may also have civil remedies available to them. It is important for individuals facing such situations to consult with an attorney to understand the specific legal options and protections available to them under Illinois law.