As of April 2, 2025, Michigan’s Penal Code will include new provisions that specifically address the crimes of sexual extortion and aggravated sexual extortion. These changes, brought about by Public Act 261 of 2024, are intended to strengthen the state’s legal framework around sexual exploitation and provide more severe penalties for offenders. As a Michigan criminal law firm, it’s essential to understand the implications of these new statutes and how they might affect those accused of these crimes, as well as the victims who seek justice.
What is Sexual Extortion?
Michigan law says that sexual extortion occurs when an individual intentionally threatens to release, create, or distribute sexually explicit material involving another person in order to force that individual to take or refrain from taking specific actions against their will. In other words, this crime involves leveraging explicit content, often private photos or videos, against a victim to gain something of value, be it more explicit material, money, or other personal favors.
Under the amended Michigan Penal Code, a person who is convicted of sexual extortion can face severe penalties, depending on whether the offense is a first, second, or subsequent offense:
ā¢ First Offense: A felony punishable by up to 5 years in prison.
ā¢ Second Offense: A felony punishable by up to 10 years in prison.
ā¢ Third or Subsequent Offense: A felony punishable by up to 20 years in prison.
It’s also worth noting that for juveniles convicted of sexual extortion (under the age of 17), the penalties are less severe. Instead of facing felony charges, juvenile offenders can be convicted of a misdemeanor with a potential sentence of up to one year in lockup. In addition, courts may order behavioral health counseling as part of the sentence.
Aggravated Sexual Extortion
Our amended law introduces an even more severe form of the crime: aggravated sexual extortion. This is a more serious charge that can result in harsher penalties, particularly if the victim is under 18 or is a vulnerable adult, or if the extortion leads to significant harm.
Aggravated Sexual Extortion (Victim Under 18 or Vulnerable Adult)
If the victim of sexual extortion is less than 18 years of age, or if the victim is a vulnerable adult (defined as someone who is unable to care for themselves due to physical or mental limitations), and the perpetrator is more than 18 years old, the crime is classified as aggravated sexual extortion. This offense is punishable by a felony conviction carrying a maximum sentence of up to 25 years in prison.
Aggravated Sexual Extortion (Serious Harm or Death)
In the most severe cases, if the victim suffers serious physical harm, serious mental harm, or even death as a result of the sexual extortion, the offense is considered aggravated sexual extortion. Those convicted under these circumstances also face up to 25 years in prison.
What is Considered āSerious Harmā?
The law provides specific definitions for what constitutes “serious harm” in the context of aggravated sexual extortion. These include:
ā¢ Serious Physical Harm: A physical injury that threatens the victim’s life, causes substantial bodily disfigurement, or significantly impairs the victimās bodily functions
ā¢ Serious Mental Harm: A mental injury that results in a substantial alteration of the victim’s mental functioning and is visibly demonstrable.
What This Means for Michigan Residents
The addition of these new crimes in Michigan’s criminal law sends a clear message: sexual exploitation and coercion, especially through the use of explicit materials, can land the offender behind bars for a very long time. These offenses carry severe penalties, particularly when the victim is a minor or vulnerable adult.
If you are facing charges related to sexual extortion or aggravated sexual extortion, it is crucial to seek an aggressive criminal defense attorney immediately. A top rated Michigan criminal defense attorney can guide you through the legal process, assess the strength of the evidence, and help you understand the potential penalties and defenses available to you. accountable.
Our criminal defense team has been fighting for our clients all over the lower peninsula of Michigan for more than 30 years. We have been seen in newspapers all over Michigan as well as in Newsweek magazine and countless television stations.
If you or someone you know has been accused of sexual extortion, donāt hesitate to reach out to our criminal lawyers who can offer expert advice and representation. Usually, time is working against a person accused of a serious felony. Contact The Kronzek Firm at 866-7NoJail. (866-766-5245). We are here to help navigate these complex legal issues.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you are involved in a criminal matter, please contact an experienced criminal defense attorney in Michigan.