SB 222

This bill creates a new crime for activity known as “sextortion.” Under the bill, it is a generally a Class I felony for a person to do any of the following:

1. Threaten to injure the property or reputation of another to coerce that person to engage in sexual conduct or to produce an intimate representation.

2. Threaten to commit violence against another to coerce that person to engage in sexual conduct or to produce an intimate representation.

3. Threaten to distribute an intimate representation of another person with intent to coerce that person to engage in sexual conduct, produce an intimate representation, or to provide payment of money, property, services, or anything of value, or to do or refrain from doing any act against that person’s will.

Under the bill, such a violation is a Class H felony if the victim, as a result of the violation, engages in sexual conduct, produces an intimate representation, provides the payment of money, property, services, or any other thing of value, or suffers great bodily harm or if the victim is under age 18 and the defendant is not more than four years older than the victim, and such a violation is a Class G felony if the defendant was previously convicted of a sexually violent offense, the violation was committed during the course of a child abduction, or the victim is under age 18 and the defendant is more than four years older than the victim. Additionally, the bill provides that a person may be prosecuted for felony murder if the person commits extortion or sexual extortion and as a result of the violation causes the death of the victim.

Under current law, extortion generally is punishable as a Class I felony, and the penalty for felony murder is imprisonment for up to 15 years longer than the maximum term of imprisonment for the crime that caused the victim’s death. Under current law, a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both; a Class H felony is punishable by a fine of up to $10,000 or imprisonment for up to six years, or both; and a Class G felony is punishable by a fine of up to $25,000 or imprisonment for up to 10 years, or both.

This bill also provides that a crime victim, or the victim’s family member, is eligible for payment from the Department of Justice’s crime victim compensation fund if the crime victim is a victim of extortion or sexual extortion and is injured or dies as a result of the crime and provides that a crime victim, or the victim’s family member, may be compensated for death or injury that results from suicide or attempted suicide if the crime was a substantial causal factor in the victim’s suicide or attempted suicide.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.