Sexual Extortion
In Utah, sexual extortion (sometimes called sextortion) is the crime of an individual threatening to distribute an intimate photo or video of another person unless that person provides sexual favors, intimate images, or anything else of value. The threat may also be a non-sexual threat to harm the victim’s person, property, or reputation. Another way to think of sexual extortion is as blackmail that involves sexual images or is intended to gain sexual gratification.
The crime is upgraded to aggravated sexual extortion when one or more of the following elements applies:
- the victim was a child
- the victim was a vulnerable adult
- the crime involved the use of a dangerous weapon
- the crime involved human trafficking (or the smuggling of human beings)
- the crime involved fraud, menace, intimidation, violence, or the threat of physical harm
- the crime involved sexual penetration
- the crime was committed during a kidnapping
- the individual accused of sexual extortion caused bodily injury to the victim
- the individual accused of sexual extortion caused severe psychological harm to the victim
- the individual accused of sexual extortion was a stranger to the victim
- the individual accused of sexual extortion became a friend of the victim with the purpose of committing the offense
- the individual accused of sexual extortion was in a position of special trust to the victim
- the individual accused of sexual extortion encouraged, allowed, aided, or benefitted from an act of prostitution by the victim
- the individual accused of sexual extortion was previously convicted of another sexual offense
Each separate victim of sexual extortion will be charged as a separate crime, as will each time the same victim is subjected to the criminal act of sexual extortion.
Utah Sexual Extortion Attorney
Sexual extortion is classified as a felony in Utah, which can unfortunately result in years of prison and steep fines, if convicted. If you have been arrested for this offense, seek the legal guidance of skilled criminal defense attorney Susanne Gustin at Susanne Gustin Attorney at Law. When facing a charge for a sex-related crime, the legal and personal impact can be life-altering. The stigma associated with it can be even more damaging, often leading to employment loss.
Attorney Gustin has 30 years of experience defending clients arrested for sexual extortion. If you reside in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, or surrounding areas, call (801) 243-2814 to schedule an initial consultation with Susanne Gustin Attorney at Law today.
Information Center
- Penalty For Sexual Extortion In Utah
- Statute Of Limitations For Sexual Extortion In Utah
- Additional Resources
Penalty For Sexual Extortion In Utah
Sexual extortion in Utah is a third-degree felony. The penalty is a maximum of 5 years imprisonment and a $5,000 fine.
Aggravated sexual extortion in Utah is a second-degree felony. The penalty is a minimum of one year up to a maximum of 15 years imprisonment and up to a $10,000 fine.
Aggravated sexual extortion involving a minor or a vulnerable adult in Utah is a first-degree felony. The penalty is a minimum of five years imprisonment and up to life in prison. Additionally, there is up to a $10,000 fine.
If convicted of sexual extortion as a second sex offense, a defendant must register as a sex offender. If convicted of aggravated sexual extortion, even as a first offense, a defendant must register as a sex offender.
Both crimes may be charged if another crime is committed simultaneously as sexual extortion.
Statute Of Limitations For Sexual Extortion In Utah
As with most felonies in Utah, other than rape and murder, the statute of limitation (the amount of time after the offense that the prosecution has to bring a case) for sexual extortion and aggravated sexual extortion is four years.
Defenses To Sexual Extortion In Utah
As with most crimes in Utah, compulsion is a potential defense to an accusation of sexual extortion. The defense of compulsion refers to a situation where the defendant (the person accused of committing the crime) was threatened with physical violence unless they committed the crime. The threat must be such that a person of “reasonable firmness” would not have resisted.
If an individual is charged with aggravated sexual extortion, they may argue that the element that upgraded the crime to aggravated did not apply in this case. For example, there was not a dangerous weapon involved.
Additional Resources
Sextortion: A Serious & Devastating Crime – The Office of the Attorney General of the State of Utah published an article discussing the rise of sexual extortion in the state.
Filing a Complaint with the IC3 – The FBI has set up a website for reporting internet crimes, including sexual extortion, that occurred online.
Salt Lake City Field Office – The FBI’s Salt Lake City Field Office accepts tips about crimes, including sexual extortion.
Utah Sexual Extortion Attorney | Salt Lake County, UT
If you have been charged with sexual extortion in Salt Lake County, UT, contact Susanne Gustin Attorney at Law. The area of law governing sex crimes is complex and involves many different offenses with laws requiring interpretation from a seasoned criminal defense attorney. To have a skilled sex crime lawyer advocate aggressively on your behalf, contact Susanne Gustin Attorney at Law.
At Susanne Gustin Attorney at Law, attorney Susanne Gustin is dedicated to serving the best interests of each and every one of her clients. Call (801) 243-2814 to schedule an initial consultation with Susanne Gustin Attorney at Law today.
Susanne Gustin Attorney at Law accepts clients in Utah including Salt Lake County, Alta, Mount Olympus, Cottonwood West, East Millcreek, Herriman, East Layton, West Bountiful, Fruit Heights, Cottonwood Heights, West Valley City, West Jordan, Sandy, and South Jordan.