In Maryland, the crime of sextortion involves extorting or blackmailing a person into engaging in sexual acts, performing sexual acts, simulating sexual acts, or allowing themselves to be filmed or videoed performing/simulating sexual acts. See Maryland Crim. Code, Section 3-709. If you are being charged with sexploitation, call the experienced and courtroom-proven Maryland criminal defense lawyers at the Law Office of Robert Castro. Call us at (301) 870-1200. We can evaluate whether there are possible criminal defenses to the charges. Likely, you are also being charged with other related crimes, so you’ll want legal help with those charges too. We are available around the clock, 24/7.

The extortion element of sexploitation can be proven by a threat to do any of the following:

• Accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute
• Cause physical injury to a person
• Inflict emotional distress on a person
• Cause economic damage to a person
• Cause damage to the property of a person

Note that the phrasing of Section 3-709 is broad and does not necessarily mean that the person being extorted is the one who is being threatened. The phrasing references “a person.” Thus, one person might be extorted into engaging in sexual acts by a threat of causing physical injury, for example, to a different person.

As noted, what the victim is extorted into doing can be several different things including:

• Engaging in sexual acts — “sexual acts” is very broadly defined and can include vaginal, anal, oral, and any type of activity involving sexual organs
• Engaging “as a subject in the production of a visual representation or performance” depicting sexual activity OR “engaging in simulating an act of sexual activity”
• Engaging “as a subject in the production of a visual representation or performance” depicting “the other with the other’s intimate parts exposed”

Possible punishments under Maryland Crim. Code, Section 3-709

Despite the seriousness of the crime involved, Section 3-709 defines sexploitation as a misdemeanor crime. However, the punishments are far in excess of what would be deemed misdemeanor punishments. If convicted under Section 3-709, a person faces up to 10 years in prison and/or a fine not of up to $10,000. Section 3-709 explicitly provides that a sentence under its provisions can be “separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.” That is, Section 3-709 specifically recognizes that an act that violates Section 3-709 is likely to be an act that also violates other Maryland criminal laws like rape, statutory rape, sexual exploitation, extortion, blackmail, and other laws. Thus, as noted above, sexploitation is likely to be one charge among many. Potential criminal defenses will depend on the facts of the case but could include consent, alibi, mistaken identity, failure of proof, and more.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.