Mississippi Criminal Law BlogAccording to WDAM-7, Jackson County, Mississippi is beginning to see an uptick in child pornography extortion, or “sextortion” cases. Jackson County Sheriff, Mike Ezell, has taken it upon himself to try to warn parents about a social media scam that has been circulating and has resulted in an increase in child pornography extortion cases. According to Ezell, fake Snapchat accounts are created, and the account holder pretends to be a child. The account holder then asks other children for nude photographs, and once the photographs are sent, the child in the picture is then instructed to send money or it will be leaked.
As of late, the sheriff’s department has not been able to charge anyone yet because so far all of the cases have involved scammers from other countries, which is a problem in itself. Ezell added that, “it’s almost impossible to find, prosecute, or arrest them.”
What is Extortion?
At the most basic level, extortion is the wrongful use of actual or threatened force, violence, or intimidation to gain money or property from an individual or entity. Generally, it involves a threat being made to the victim’s person or property, or to their family or friends. Blackmail, a form of extortion, involves the threat is the exposure of damaging information related to the victim, rather than physical harm.
Under Mississippi law, an individual is guilty of extortion when they purposely obtain or attempt to obtain property of another or any reward, favor, or advantage of any kind by threatening to inflict bodily injury of any person or by committing or threatening to commit any other criminal offense.
If convicted of extortion of property or things of value under $500, that individual is guilty of a misdemeanor and can face up to six (6) months in the county jail. However, if convicted and the value of the property or things of value is $500 or more, that individual is guilty of a felony and could face up to fifteen (15) years in prison. Additionally, if convicted of extortion in order to obtain any intangible reward, favor or advantage to which no monetary value is normally given, that individual is guilty of a felony and face up to fifteen (15) years in prison.
What is Sextortion?
Sextortion is a related crime to extortion and has seen an uptick in recent years. According to the FBI, sextortion describes a crime that occurs when an adult convinces an individual younger than 18 to share sexual pictures or perform sexual acts on a webcam, and it generally occurs on websites, apps, messaging platforms, or games where people can meet and communicate. In some cases, the first contact from the offender will be a threat, claiming to already have a revealing picture or video of the child that will be shared if they don’t send more pictures/videos. However, most often, most scenarios involve a child believing they are communicating with someone their own age who is interested in a relationship or offering something of value. Penalties for sextortion are included in the “Revenge Porn” bill passed by the Mississippi Legislature in 2019 to further criminalize these acts. (Mississippi Code of 1972, Section 97-3-82, as amended)
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime like extortion or sextortion is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your free consultation to learn more.
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