By Brittany J. Vera

– Executive Summary –

“Glad i [sic] could help,” replied the suspect in a sextortion case involving a 17-year-old female victim who had just conveyed to him that she tried to commit suicide after he extorted her for sexually explicit videos.[1] This message illustrates the manipulative and callous nature of suspects committing the crime of sextortion against America’s vulnerable youth. Sextortion, according to the National Center for Missing and Exploited Children (NCMEC), is defined as a “form of child sexual exploitation where children are threatened or blackmailed, most often with the possibility of sharing with the public a [sic] nude or sexual images of them, by a person who demands additional sexual content, sexual activity or money from the child.”[2] This heinous crime is unfortunately plaguing victims of all ages; however, is causing dire consequences on the growing and evolving minds of children. A 14-year-old victim exclaimed, “It felt like I was being virtually raped.”[3] Some of the most notable effects include cases involving children committing suicide or attempted suicide due to the shame and embarrassment they felt as victims. The United States Attorney’s Office issued a public safety alert in December 2022, highlighting the tragic occurrence of over 12 suicides by minors who were victims of financial sextortion cases within that year.[4] The chilling behavior of sextortion offenders highlights the cruel and vicious characteristics of these crimes against America’s youth, demonstrating the urgent need for effective interventions to protect and support the most susceptible.

Sextortion takes place in various environments that are deeply embedded in children’s daily lives. Case examples span from suspects utilizing hacking through trojan emails disguised as videos or songs to social media websites and online gaming. Technology, including peer-to-peer networks, the dark web, and various other platforms, has undoubtedly afforded criminals’ endless opportunities online. Unfortunately, criminals exercise their creativity through these various mediums to reach both male and female victims. The motivations driving sextortion are diverse and have shifted over time, ranging from the extortion of intimate images to demands for sexual favors or financial benefits, indicating an evolving trend in the nature of these exploitative acts.

Internet accessibility for both adults and children has reached unprecedented levels. Virtually every child and adult in the United States has had access to the internet since 2021.[5] With the widespread availability of technology comes the unintended creation of a digital landscape that offenders can exploit, turning it into a virtual hunting ground for targeting minor victims. As technology continues to advance rapidly, it is critical for California’s legal system to evolve accordingly, ensuring that the actions of perpetrators are adequately mirrored and penalized to keep pace with these technological developments. Although California currently has a sextortion law, codified in subsection b of Penal Code 518, it does not differentiate between adults and minors as victims, nor does it fall under the category of sex crimes, but rather extortion. Given the inherent vulnerability of minors, there is a justified need for a law that includes stricter penalties for perpetrators in cases involving young victims.

This thesis identified that the existing legal framework for addressing the sextortion of minors in the digital realm is proving to be inadequate. This thesis focuses on how California legislation can be amended to appropriately defend minor victims in prosecuting sextortion cases. Additionally, it delves into various California penal codes and federal laws applicable to sextortion cases yet highlights their failure to comprehensively encompass all pertinent aspects of the crime. Furthermore, this thesis explores states that have implemented sextortion legislation dedicated to minor victims, including Utah, South Carolina, and New Jersey. These states have successfully enacted more targeted sextortion legislation for the protection of minors.

A qualitative–comparative case study approach was employed to examine the evolution of sex offender registration/​community notification and human trafficking laws. The crucial insights from these case studies show that sexual offenses against children have prompted legislative actions to address crimes targeting minors, acknowledging their vulnerability and the heightened need for their protection. In addition to the comparative case studies, nine interviews were conducted with professionals in the law-and-order field, including district attorneys, defense attorneys, and law enforcement officers, to gain a more comprehensive understanding of sextortion. Key findings from the interviews included that all of the stakeholders unanimously agreed sextortion is a problem. Furthermore, most stakeholders highlighted the criticality of the extensive physical and psychological impacts that sextortion has on adolescents. Those who identified a gap in California law regarding sextortion emphasized the need for new specific and flexible legislation to ensure it remains effective amidst the rapidly evolving landscape of technology. The majority of those interviewed also highlighted the proliferation of artificial intelligence (AI) technology and the effects it will have on future sextortion cases. The comparative case studies and interviews were analyzed using a five-element framework:

1. Law enforcement’s ability to arrest criminals for sex crimes against minors
2. Prosecutors’ ability to prosecute such sex crimes
3. The increased punishment for offenders of child sex crimes
4. The improvement of society’s awareness about children’s safety
5. The benefit of providing sufficient justice for minors.

In its concluding chapter, this thesis highlights several key insights: the escalating issue of sextortion, the reactive nature of current laws, and the rapid advancement of technology, particularly AI, necessitating timely and effective legal responses. It uncovers investigation and prosecution challenges and discusses the implications of the lack of a centralized tracking database. This thesis recommends establishing a comprehensive law, drawing inspiration from successful models in Utah, South Carolina, and New Jersey, and adapting elements from California’s existing child sex crime laws, such as age-specific penalties and mandatory sex offender registration. It also suggests incorporating aspects of California’s human trafficking law, the Californians Against Sexual Exploitation Act (CASE), to guide the use of fines for victim assistance and law enforcement training. Additionally, this research reveals that some interviewees pinpointed prosecutorial approaches for minor offenders, suggesting consideration of integrating these strategies into new legislation. This thesis advocates for a dual strategy that combines legislative reform with proactive community education, presenting this approach as the most effective means to address and mitigate the issue of sextortion.

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[1] United States v. Finkbiner, No 2:12-CR-0021-WTL-CMM (S.D. Ind. June 18, 2013), https://www.brookings.edu/wp-content/uploads/2016/05/Finkbiner-Sentencing-Memo.pdf

[2] National Center for Missing & Exploited Children, “Sextortion,” National Center for Missing & Exploited Children, accessed December 20, 2023, http://www.missingkids.org/content/ncmec/en/theissues/sextortion.html.

[3] Peter Holley, “The Man Who Posed as His Daughter’s Online Boyfriend to Get Nude Photos of Her,” Washington Post, March 17, 2016, https://www.washingtonpost.com/news/true-crime/wp/2016/03/17/the-man-who-posed-as-his-daughters-online-boyfriend-to-get-nude-photos-of-her/.

[4] “FBI and Partners Issue National Public Safety Alert on Financial Sextortion Schemes,” Department of Justice, December 21, 2022, https://www.justice.gov/usao-vi/pr/fbi-and-partners-issue-national-public-safety-alert-financial-sextortion-schemes.

[5] Véronique Irwin et al., Report on the Condition of Education 2023 (Washington, DC: National Center for Education Statistics, 2023), 10, https://nces.ed.gov/pubs2023/2023144.pdf.