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 Montana, 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. These laws may include offenses such as privacy in communications, sexual extortion, sexual abuse, and other related crimes. For instance, Montana Code Annotated (MCA) § 45-5-223 addresses privacy in communications, which prohibits the use of electronic communication to offend, threaten, or harass another person, and this could potentially apply to sextortion cases. Additionally, MCA § 45-5-504 and § 45-5-507 cover sexual abuse and sexual assault, which could be relevant if the sextortion involves coercing someone into sexual acts. It is important for individuals facing such situations to consult with an attorney to understand how the specific facts of their case may be addressed under Montana's criminal laws.