Sextortion in Wisconsin

What is Sextortion and how does WI law respond to it?
You may have seen news stories about “sextortion” and wondered what it is or how Wisconsin
protects against it. There have been many national stories about sextortion, including a recent
one affecting a young Wisconsin boy.
Sextortion has become increasingly prevalent on social media platforms such as Snapchat and
often affects minors. Sextortion is a form of exploitation where a person threatens to expose
compromising photos or information in exchange for money or sexual favors. Typically, a person
will pretend to be a young and attractive individual– a tactic known as “catfishing.” They will
then coerce the other party to send sexual photos over text or social media, commonly referred to
as sending “nudes.” The “catfisher” then uses those photos as leverage, typically by threatening
to release them unless the victim provides money.
So how does Wisconsin address sextortion? Currently, there is no specific criminal statute
addressing sextortion in Wisconsin. However, there is pending proposed legislation called
“Bradyn’s Law” (AB201) that is being considered by Wisconsin legislators. Even with no
specific criminal statute, legal penalties can still apply under other laws. Sextortion can be
charged as a threat to communicate derogatory information (WI. Stat. § 943.31). Alternatively,
sextortion can be addressed by laws like those prohibiting the sexual exploitation of a child (WI
Stat § 948.05) or laws prohibiting unauthorized capture, possession, or distribution of intimate
photos (WI Stat. § 942.09).
Overall, while sextortion may not currently have a statute in Wisconsin to address it, there are
several avenues that can help address the harm it causes. If you or someone you know is being
sextorted, it is advisable to contact the police.