Signed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes and defines the crime of sexual extortion.

Highlights:

• Specifies that a person commits the offense of sexual extortion when they knowingly or intentionally coerces or causes a complainant, through any means set forth, to (Sec. 1):

• Engage in sexual conduct, the simulation of sexual conduct, or a state of nudity; or

• Make, produce, disseminate, transmit, or distribute any image, video, recording, or other material depicting the complainant in a state of nudity or engaging in sexual conduct or in the simulation of sexual conduct.

• Specifies that a person subjects a complainant to sexual extortion through any of the following means (Sec. 1):

• Harming or threatening to harm the complainant or the property of the complainant, the reputation of the complainant, or any other thing of value;

• Making, producing, disseminating, transmitting, or distributing any image, video, recording, or other material depicting the complainant in a state of nudity or engaged in sexual conduct; 

• Exposing any face or piece of information that, if revealed, would tend to subject the complainant to criminal proceedings, a civil action, hatred, contempt, embarrassment, or ridicule;

• Holding out, withholding, or threatening to withhold service, employment, position, or another thing of value; and

• Threatening to cause or causing a loss, disadvantage, or injury, including a loss, disadvantage, or injury toa family or household member.

• Specifies that a person commits the offense of sexual extortion if they knowingly or intentionally (Sec. 1):

• Solicits or demands the payment of money, property, service, or any other thing of value from the complainant or a family or household member of the complainant in exchange for removing from public view or preventing the disclosure of any image, video, recording, or material;

• Disseminates, transmits, or distributes an image, video, recording, or other material depicting the complainant in a state of nudity or engaging in sexual conduct, including a commercial social networking site, and solicits or demands the payment of money, property, or services from the complainant or a member of their household or family in exchange for removing or preventing this disclosure of the image, video, or other material.

• Specifies that a violation of this bill will constitute a misdemeanor of the first degree (Sec. 1).

• Specifies that a violation of this bill will constitute a felony of the third degree if the actor is at least 18 years of age and (Sec. 1):

• The complainant is under 18 years of age;

• The complainant has an intellectual disability; or 

• The actor holds a position of trust or supervisory or disciplinary power over the complainant by virtue of the actor’s legal, professional, or occupational status. 

• Specifies that a violation of this bill will constitute a felony of the third degree if (Sec. 1):

• The violation is part of a course of conduct of sexual extortion by the actor; or 

• The actor was previously convicted or adjudicated delinquent of a violation of this bill or of a similar offense in another jurisdiction.

Full Bill Text