Criminal Defense Lawyers

What is Considered Sextortion in California?

Under California Penal Code Section 518, extortion is defined as the act of obtaining property or other consideration from someone, with their consent, through the use of force or fear. When the “consideration” being extorted involves sexual conduct, images of intimate body parts, or other sexual content, it is commonly referred to as “sextortion.”More specifically, California law considers it sextortion when the extorted consideration consists of:

• Sexual conduct
• Images of intimate body parts (covered or uncovered)
• Images of the victim engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the victim

For the purposes of sextortion law, “intimate body parts” include:

• Genitals
• Anus
• Female breasts below the top of the areola

It’s important to note that while California’s general extortion laws apply to both minors and adults, only those 18 and over can be charged with sextortion specifically. The law expressly excludes consideration of sexual conduct or intimate images obtained by anyone under 18.

Penalties for Sextortion in California

Sextortion is a serious felony offense in California when committed by an adult. If convicted, a person could face:

• 2, 3, or 4 years in county jail, and/or
• A fine of up to $10,000

Even attempted sextortion is harshly penalized. It is considered a “wobbler” offense that can be charged as either a felony or a misdemeanor depending on the circumstances and the prosecutor’s discretion.The felony penalties for attempted sextortion include:

• 16 months, 2 years, or 3 years in state prison, and/or
• A fine of up to $10,000

If charged as a misdemeanor, attempted sextortion carries a potential county jail sentence of up to one year.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Related Offenses to Sextortion

In many cases, a person accused of sextortion may face additional charges depending on the specifics of their case. Some common related offenses include:

Revenge Porn

If the perpetrator actually distributes the victim’s sexual images or videos, they could be charged under California’s revenge porn law (Penal Code 647(j)(4)). This makes it a misdemeanor to post explicit images online without consent with the intent to cause emotional distress. Penalties include up to 6 months in jail and $1,000 in fines.

Child Pornography

Sadly, many sextortion cases involve adult perpetrators targeting underage victims. Any sexual images of minors are considered child pornography. Forcing or coercing a minor to engage in sexual conduct or send explicit images is sexual exploitation of a child. Conviction on federal child pornography charges can result in up to 30 years in prison.Additionally, those convicted would likely have to register as sex offenders. This comes with a host of other restrictions on employment, housing, and personal relationships.

Computer Hacking

Since sextortion frequently occurs online, a perpetrator might face federal charges for computer crimes as well, such as unauthorized access to a computer under 18 U.S.C. Section 1030. If convicted of felony hacking, an individual could face up to 10 years in federal prison and $250,000 in fines.

What to Do if You’re a Victim of Sextortion

If you’re being threatened and extorted with your private sexual images, you may feel scared, ashamed, and unsure where to turn. But it’s crucial to remember that this is not your fault. You are the victim of a crime, and you deserve support and justice.Some important steps to take:

1. Document everything. Save copies of all communications with the perpetrator. Take screenshots of threats and extortion attempts. This evidence will be vital for building a case.
2. Report it to law enforcement. Sextortion is a serious crime. Contact your local police department or reach out to the FBI. They have special agents trained to handle cyber crimes and sextortion.
3. Get support. Dealing with sexual extortion is traumatic. Consider reaching out to a counselor or victim advocate who can provide guidance and emotional support during this difficult time.
4. Contact an experienced attorney. Sextortion cases can be very complex, involving both state and federal laws. You need a skilled lawyer on your side to protect your rights and explore all your legal options.

How Spodek Law Group Can Help

At Spodek Law Group, we have a team of knowledgeable and compassionate attorneys ready to fight for sextortion victims. We understand the sensitive nature of these cases and will handle your situation with the utmost discretion.When you work with us, here’s what you can expect:

• A free and confidential consultation to discuss your case
• A thorough review of all evidence and details
• Aggressive advocacy to hold the perpetrator accountable
• Assistance reporting the crime to law enforcement
• Advice on how to get images removed from websites
• Counsel on your legal rights and options
• A dedicated attorney by your side every step of the way

You don’t have to go through this alone. Our experienced sextortion lawyers are here to help you seek justice and start to heal. We serve clients all across California and have a track record of success handling these sensitive cases.

Conclusion

Sextortion is a devastating crime that can leave victims feeling violated and hopeless. But it’s important to know that there are laws in place to protect you and hold offenders accountable. California takes this sex crime very seriously, with severe felony penalties for those who use sexual images to extort and exploit others.If you’ve become a victim of sextortion, don’t hesitate to reach out for help. At Spodek Law Group, we’re committed to providing compassionate counsel and aggressive advocacy for our clients. You deserve justice, and we’ll fight tirelessly to help you achieve it.To learn more about your legal rights and options, contact us today at 212-300-5196 or visit our website at https://www.federallawyers.com. Let our experienced sextortion attorneys help you take back your power and your life.