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Michigan Legal Resource Library · Other sex offenses

Sextortion Law in Michigan: Sexual Extortion Under MCL 750.213b

Key points

  • Sexual extortion is a Michigan felony under MCL 750.213b, added by 2024 PA 261 and effective April 2, 2025.[1]
  • The offense is intentionally and maliciously threatening to release, exhibit, create, or distribute sexually explicit visual material of another individual in order to compel, or attempt to compel, another individual to do or refrain from doing an act against that individual's will, with intent to obtain sexually explicit visual material or anything else of value.[1]
  • The maximum is 5 years for a first offense, 10 years for a second, and 20 years for a third or subsequent offense.[2]
  • The maximum is 25 years if the victim is under 18 or a vulnerable adult and the person who committed the violation is more than 18, or if the victim suffers serious physical harm, serious mental harm, or death as a result.[3]
  • If the person convicted is under 18, the offense is a misdemeanor punishable by up to 1 year, and the court may order behavioral health counseling.[4]

"Sextortion" is the common name for threatening to release someone's intimate images unless that person pays money, sends more images, or does something else. In Michigan the offense is called sexual extortion. It is a felony under MCL 750.213b, which was added by 2024 PA 261 and took effect on April 2, 2025.[1]

If you are being threatened, the person making the threats is the one to blame.[5] If you are in danger, call 911. For a person under 18, reports can be made to the CyberTipline at report.cybertip.org or 1-800-843-5678, and Take It Down can help stop images from spreading.[6][7] Michigan's VOICES4 hotline takes calls and texts at 855-864-2374, and RAINN's National Sexual Assault Hotline is 800-656-HOPE (4673).[8][9]

This page explains what the statute prohibits, its penalty tiers, the related Michigan and federal laws, and where to report.

What does MCL 750.213b prohibit?

The statute applies to an individual who intentionally and maliciously threatens to release, exhibit, create, or distribute sexually explicit visual material of another individual, in order to compel or attempt to compel another individual to do any act or refrain from doing any act against the individual's will, with the intent to obtain sexually explicit visual material or anything else of value.[1]

Taken apart, the text has four pieces:

  • A threat that is intentional and malicious.[1]
  • What is threatened: to release, exhibit, create, or distribute sexually explicit visual material of another individual.[1]
  • The purpose of the threat: to compel or attempt to compel another individual to do or refrain from doing any act against that individual's will.[1]
  • The intent: to obtain sexually explicit visual material or anything else of value.[1]

"Sexually explicit visual material" means a photograph or video that depicts nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse.[10] Because the list of threats includes a threat to "create" material, the statute's wording is not limited to images that already exist.[1]

The phrase "anything else of value" means the statute covers demands for money as well as demands for more images.[1]

Penalties

SituationClassificationMaximum
First offenseFelony5 years, a fine of up to $5,000, or both[2]
Second offenseFelony10 years, a fine of up to $10,000, or both[2]
Third or subsequent offenseFelony20 years, a fine of up to $20,000, or both[2]
Victim is under 18 or a vulnerable adult, and the individual who committed the violation is more than 18Felony25 years[3]
Victim suffers serious physical harm, serious mental harm, or death as a resultFelony25 years[3]
Individual convicted is under 18Misdemeanor1 year; the court may order behavioral health counseling as part of the sentence[4]

The figures in the table are upper limits. How a sentence is set is explained in How sentencing guidelines work.

Terms used in the 25-year tier

  • Serious mental harm means a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.[10]
  • Serious physical harm means a physical injury that threatens the life of a victim, causes substantial bodily disfigurement, or seriously impairs the functioning or well-being of the victim.[10]
  • Vulnerable adult has the meaning given in MCL 750.145m, which includes an individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently.[10][11]

The age wording is exact: the 25-year tier applies where the person who committed the violation is "more than 18 years of age," and the misdemeanor tier applies where the individual convicted is "less than 18 years of age."[3][4]

Related Michigan offenses

Sexual extortion can overlap with other crimes, each with its own elements.

StatuteWhat it coversMaximum
Extortion, MCL 750.213Maliciously threatening to accuse another of a crime, or threatening injury to the person or property of another or listed family members, with intent to extort money or any pecuniary advantage or to compel the person to do or refrain from doing any act against his will[12]20 years or a fine of up to $10,000[12]
Nonconsensual dissemination, MCL 750.145eActually disseminating an adult's private sexually explicit image with intent to threaten, coerce, or intimidate[13]93 days for a first violation[14]
Child sexually abusive activity, MCL 750.145c(2)Persuading, inducing, enticing or coercing a person under 18 to engage in a listed sexual act to produce material[15][16]20 years, or 25 years with a listed trigger[17][18]
Coercing a vulnerable adult to provide images, MCL 750.145hHarassing, threatening, coercing or exploiting the vulnerability of a vulnerable adult in a manner that causes the adult to provide sexually explicit visual material[19]1 year for a first offense; 2 years with a prior conviction[19]
Use of a computer, MCL 750.145dUsing the internet or a computer to communicate for the purpose of committing listed crimes against a minor or believed minor, including conduct under MCL 750.145c[20]Tied to the underlying crime, up to 20 years[21]

MCL 750.213b took effect on April 2, 2025.[1] The general extortion statute, by contrast, has been in the Penal Code in its present form since 1931.[12] How any pre-2025 statute applies to a particular set of threats is a question for the prosecutor and the court.

See Sharing intimate images without consent, Child sexually abusive material, Using a computer to commit a crime and Deepfake intimate images.

Federal law

Several federal statutes have elements that can overlap with this conduct. Each has its own interstate-commerce or other federal element.

  • Interstate extortion threats. Under 18 USC 875(d), transmitting in interstate or foreign commerce, with intent to extort money or other thing of value, a communication containing a threat to injure the property or reputation of the addressee or of another is punishable by a fine, up to two years in prison, or both.[22]
  • Threats to publish intimate images. Under the TAKE IT DOWN Act, approved May 19, 2025, intentionally threatening to publish an authentic intimate visual depiction for the purpose of intimidation, coercion, extortion, or to create mental distress is punished like the publication offense: up to 2 years where an adult is depicted and up to 3 years where a minor is depicted.[23][24][25] A threat involving a digital forgery carries up to 18 months for an adult and up to 30 months for a minor.[24]
  • Production involving a minor. Using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit conduct to produce a visual depiction carries not less than 15 and not more than 30 years in federal prison.[26]
  • Coercion and enticement of a minor. Using the mail or any facility or means of interstate or foreign commerce to knowingly persuade, induce, entice, or coerce a person under 18 to engage in sexual activity for which a person can be charged with a criminal offense is punishable by a fine and imprisonment for not less than 10 years or for life.[27]

Under the federal dual-sovereignty doctrine, a state offense and a federal offense are not treated as the same offense for double jeopardy purposes when prosecuted by different sovereigns.[28] See Federal child exploitation charges and Federal sex crimes overview.

Where a case can be brought

A threat can come from outside Michigan. A person may be prosecuted in Michigan for an offense committed while physically outside the state if, among other grounds, a victim resides in or is located in Michigan when the offense is committed, or the offense produces substantial and detrimental effects in Michigan.[29]

Is sexual extortion a registrable offense?

The Tier I, Tier II and Tier III lists in the Sex Offenders Registration Act identify offenses by Penal Code section number, and as the text stood on October 4, 2026 none of the three lists names MCL 750.213b.[30] Tier I also includes any other violation that by its nature constitutes a sexual offense against an individual who is a minor, and when a court sentences for an offense that is not on the lists it must determine whether the offense meets that description.[30][31] See SORA tiers.

Reporting and getting help

  • Emergency. If anyone is in immediate danger, including a risk of self-harm, call 911.
  • Police. A report can be made to a local police department or sheriff. See Options for reporting.
  • CyberTipline (victims under 18). The National Center for Missing & Exploited Children's CyberTipline takes reports of online exploitation of children; staff review each tip and work to make it available to the appropriate law enforcement agency.[6]
  • Michigan students. OK2SAY accepts confidential tips 24 hours a day at 855-565-2729, by text to 652729, or by email.[32]
  • Image removal. Take It Down is free and anonymous for images taken before age 18; StopNCII.org is a free tool for adults.[7][33] Covered online platforms have a federal duty to remove a reported nonconsensual intimate image not later than 48 hours after a valid request.[34] See Removing intimate images from the internet.

NCMEC's guidance to young people facing this kind of threat is that the blackmailer is to blame; to get help before deciding whether to pay or otherwise comply, because cooperating or paying rarely stops the blackmail; to report the account through the platform's safety feature; and to block the person but not delete the profile or messages.[5]

Parents and teenagers can find more in Teen sexting and the law, and survivors' rights in a criminal case are covered in Rights of sexual assault survivors.

What people get wrong

"Sextortion is MCL 750.145g." That section is the 5-year mandatory minimum for a repeat child sexually abusive material offense. Sexual extortion is MCL 750.213b.[35][1]

"It is only a crime if the image is actually shared." The offense is the threat, made for the stated purpose and with the stated intent.[1]

"It is only about money." The intent element is to obtain sexually explicit visual material "or anything else of value."[1]

"A minor who does this faces the same penalty as an adult." For an individual convicted who is under 18, the statute makes the offense a misdemeanor with a 1-year maximum and allows the court to order counseling.[4]

"The person who sent the first picture is the one to blame." MCL 750.213b is directed at the individual who makes the threat.[1] NCMEC's message to young people is that the blackmailer is to blame, even where the young person made a choice he or she regrets.[5]

Common questions

What is the Michigan statute for sextortion?

MCL 750.213b, titled "Sexual extortion." It was added by 2024 PA 261 and took effect April 2, 2025.[1] It is sometimes confused with MCL 750.145g, which is a different provision: a 5-year mandatory minimum for a second or subsequent child sexually abusive material offense.[35]

Does the person have to actually post the image for it to be a crime?

No. The statute is written around the threat. It covers an individual who "intentionally and maliciously threatens to release, exhibit, create, or distribute" the material in order to compel or attempt to compel another individual to act, with the intent to obtain sexually explicit visual material or anything else of value.[1]

Does it cover a threat to make a fake image?

The statute lists a threat to "create" sexually explicit visual material alongside threats to release, exhibit, or distribute it.[1] Creating or disseminating a realistic intimate deep fake is also its own offense under a separate 2025 act.[36]

What is the penalty when the victim is a minor?

If the victim is less than 18 years of age or a vulnerable adult and the individual who committed the violation is more than 18 years of age, sexual extortion is a felony punishable by imprisonment for not more than 25 years.[3] If the person convicted is under 18, the offense is a misdemeanor punishable by up to 1 year.[4]

Someone is threatening me right now. What should I do?

If you are in danger, call 911. The National Center for Missing & Exploited Children's guidance for young people is that the blackmailer is to blame, to get help before deciding whether to pay or comply because paying rarely stops the blackmail, to report the account to the platform, and to block the person without deleting the profile or messages.[5] Reports about minors can be made to the CyberTipline.[6]

Does the statute apply to threats made before April 2, 2025?

MCL 750.213b took effect on April 2, 2025.[1] Other statutes that existed before that date, such as the general extortion statute and the laws on stalking and child sexually abusive material, have their own elements.[12][37][15]

Sources

  1. MCL 750.213b(1); 2024 PA 261 — Michigan Legislature
  2. MCL 750.213b(1)(a)-(c) — Michigan Legislature
  3. MCL 750.213b(2) — Michigan Legislature
  4. MCL 750.213b(3) — Michigan Legislature
  5. National Center for Missing & Exploited Children, Sextortion page — missingkids.org
  6. National Center for Missing & Exploited Children, CyberTipline page — missingkids.org
  7. National Center for Missing & Exploited Children, Take It Down — takeitdown.ncmec.org
  8. Michigan Coalition to End Domestic and Sexual Violence (MCEDSV), Hotline page — mcedsv.org
  9. RAINN, home page — rainn.org
  10. MCL 750.213b(4) — Michigan Legislature
  11. MCL 750.145m(u) — Michigan Legislature
  12. MCL 750.213 — Michigan Legislature
  13. MCL 750.145e(1) — Michigan Legislature
  14. MCL 750.145f — Michigan Legislature
  15. MCL 750.145c(2) — Michigan Legislature
  16. MCL 750.145c(1)(c) — Michigan Legislature
  17. MCL 750.145c(2)(a) — Michigan Legislature
  18. MCL 750.145c(2)(b) — Michigan Legislature
  19. MCL 750.145h(1)-(3) — Michigan Legislature
  20. MCL 750.145d(1)(a) — Michigan Legislature
  21. MCL 750.145d(2)(a)-(f) — Michigan Legislature
  22. 18 USC 875(d) — Legal Information Institute, Cornell Law School
  23. Pub. L. 119-12, § 2(a), 139 Stat. 55 (2025), adding 47 USC 223(h)(2)(A) — govinfo.gov
  24. Pub. L. 119-12, § 2(a), adding 47 USC 223(h)(6) — govinfo.gov
  25. Pub. L. 119-12, § 2(a), adding 47 USC 223(h)(1)(B), (3), (4) — govinfo.gov
  26. 18 USC 2251(a), (e) — Legal Information Institute, Cornell Law School
  27. 18 USC 2422(b) — Legal Information Institute, Cornell Law School
  28. Gamble v United States, 587 US ___ (2019) (No. 17-646) — Legal Information Institute, Cornell Law School
  29. MCL 762.2(1) — Michigan Legislature
  30. MCL 28.722(r), (t), (v) — Michigan Legislature
  31. MCL 769.1(12) — Michigan Legislature
  32. State of Michigan, OK2SAY — State of Michigan
  33. StopNCII.org, home page — stopncii.org
  34. Pub. L. 119-12, § 3(a)(1), (3), (b)(1) — govinfo.gov
  35. MCL 750.145g — Michigan Legislature
  36. MCL 752.388(1) — Michigan Legislature
  37. MCL 750.411h(1)(e), (2)(a)-(b) — Michigan Legislature

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Sexual Assault Hotline is 1-800-656-4673.

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