What Is Sextortion and How Are These Cases Charged in Virginia?

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Last Modified on Jan 07, 2026

Engaging in sextortion and other related criminal acts can have severe legal consequences, even if you were unaware that such behavior was illegal. Virginia state law absolutely prohibits sexual extortion, exploitation, or similar crimes. The most sensible thing you can do in the event of sextortion charges is to contact a trusted child pornography lawyer and start working on a strong defense. You may ask: What is sextortion, and how are these cases charged in Virginia?

If you are charged with sextortion, you should seriously consider reaching out to an experienced Virginia sextortion attorney who can assist you in defending yourself. Understanding the sextortion definition is only the first step. You need someone in your corner who has experience handling sextortion cases similar to yours in the past, as well as extensive knowledge of the state’s sextortion laws.

What Is Sextortion?

Sextortion, or sexual extortion, is a serious form of sexual exploitation and blackmail that occurs when the alleged perpetrator obtains sexually explicit images or videos of the victim, then threatens to release those images to the public or to the victim’s friends and family if the victim does not comply with their demands. These demands often include more explicit images and/or videos, performing sexual acts on camera, or financial compensation.

Sextortion usually begins online through messaging apps, gaming platforms, and other places where people congregate on social media. Many times, the crime begins when the alleged perpetrator poses as a potential friend or romantic partner roughly the same age as the intended victim, which can start to build a foundation of trust.

It’s important to understand that sextortion is not a rare occurrence. According to recent data from the National Center for Missing & Exploited Children (NCMEC), there were over 23,000 reported cases of financial sextortion throughout the country in 2025 alone. In Virginia, over 8,400 professionals have been trained to handle sexual exploitation treatment, according to a 2024 report by the Virginia Department of Criminal Justice Services.

How Are These Cases Charged in Virginia?

Sextortion crimes are generally charged as a Class 5 felony in Virginia, which can be punishable by a prison sentence between one and 10 years, a fine of up to $2,500, registration as a sex offender, and additional penalties if there are children involved in the crime. A Class 5 felony is often referred to as a wobbler, since it can be charged as a misdemeanor instead, depending on the case at hand and the judge’s discretion.

If the offender is an adult and the victim is a minor, the penalties may be much more severe. Sextortion charges may end up leading to child pornography possession charges, online solicitation of a minor charges, and additional federal charges due to the involvement of online communication.

FAQs

What Evidence Does a Sextortion Case Need in Virginia?

For a sextortion case in Virginia, significant evidence is needed to prove a defendant is guilty of the charges. The most difficult element to prove is intent. This evidence can take the form of online messages, online user profiles, transaction records, and the explicit content that the alleged perpetrator has. All of this can build a case for sextortion by showing a pattern of criminal behavior. An attorney can challenge such evidence to weaken the prosecution’s case.

Can Sextortion Charges Be Dropped in Virginia?

Yes, sextortion charges can be dropped in Virginia in some cases, but you should never base your entire defense around that possibility. It depends entirely on the strength of the prosecution’s case, the amount of evidence they have against you, and your defense lawyer’s skill and experience. A seasoned attorney may be able to prove your civil rights were violated at the time of arrest or that the evidence is insufficient.

Does It Matter if the Alleged Victim Is a Minor When Determining Sextortion Penalties in Virginia?

Yes, it matters very much if the alleged victim in a sextortion case is a minor. The penalties you could face are directly influenced by the age of the victim. If the victim is a minor, the penalties are far more severe and could even result in federal charges. If the victim is under 18, the prison sentence increases to 20 years, and the fine increases to $100,000. You may also be required to register as a sex offender.

What Defenses Might a Lawyer Use When Fighting Sextortion Charges in Virginia?

One of the strongest potential defenses your lawyer may use when fighting sextortion charges in Virginia on your behalf is a lack of intent. For the prosecution to secure a conviction, they need to be able to prove your guilt beyond a reasonable doubt, and proving intent is a big part of that. Your lawyer can argue that your actions were taken out of anger or a lack of attention, not in an attempt to actually extort anyone.

How Much Does a Virginia Sextortion Attorney Cost?

How much a Virginia sextortion attorney costs can vary from one case to the next. Factors that can influence the cost include the number and severity of the specific charges, whether the case has to go to trial or if it can be resolved outside of court, and the experience and reputation of your attorney. Be sure to ask about fees, fee structure, and payment when you meet with your lawyer for the first time.

Hire a Sextortion Lawyer Today

If you are facing serious legal penalties for sextortion, it is highly recommended that you hire a sextortion lawyer to help you navigate these uncharted waters. You may not know what to do to defend yourself or how to go about fighting these charges, which is understandable if you’ve never done this before.

At Johnson/Citronberg, PLLC, we can assist you in fighting state and federal charges alike. Our firm has been recognized many times, including by Virginia Super Lawyers. Our skilled and experienced legal team can help you defend yourself against sextortion charges. Contact us today to speak to someone who can help.

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