3.19Sexual Extortion

A.Elements of Offense

An adult “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 is guilty of a felony . . . .” MCL 750.213b(1).

A minor who is convicted of violating MCL 750.213b(1) is guilty of a misdemeanor. MCL 750.213b(3).

B.Penalties

1.Imprisonment and Fines for Felonies

A first offense is punishable “by imprisonment for not more than 5 years, a fine of not more than $5,000.00, or both.” MCL 750.213b(1)(a).

A second offense is punishable “by imprisonment for not more than 10 years, a fine of not more than $10,000.00, or both.” MCL 750.213b(1)(b).

A third or subsequent offense is punishable “by imprisonment for not more than 20 years, a fine of not more than $20,000.00, or both.” MCL 750.213b(1)(c).

An offense that involves either of the following factors is a felony punishable “by imprisonment for not more than 25 years:

(a) 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.

(b) The victim suffers serious physical harm, serious mental harm, or death as a result of the violation of subsection (1).” MCL 750.213b(2).

2.Imprisonment and Behavioral Health Counseling for Misdemeanors

“If the individual convicted of a violation of [MCL 750.213b(1)] is less than 18 years of age, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year.” MCL 750.213b(3). No specific fine is authorized for misdemeanor offenders; however, “[t]he court may order behavioral health counseling from an appropriate agency or provider as part of an individual’s sentence . . . .” Id.

3.Crime Victim Assessment

The court must order one crime victim assessment of $130 for a felony offender, or $75 for a misdemeanor offender, not more than one assessment per criminal case. MCL 780.905(1)-(2).

4.Minimum State Cost and Other Costs

If the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $68 for a felony, or not less than $50 for a misdemeanor. See MCL 769.1k(1)(a) and MCL 769.1j(1)(a)-(b).