Published on 9/10/2025, 12:56:00 PM

Sextortion in Maryland: the basics

Sextortion in Maryland covers using threats to force sexual activity or to coerce someone to appear in explicit images or videos. The State has to prove a qualifying threat and that the threat caused the act. Conviction can mean up to 10 years and a fine up to 10,000 dollars. There are strong defenses focused on intent, the nature of the threat, consent, and digital evidence. If you are under investigation, contact us right away for a free consultation.

The law on Sextortion CR 3-709

Maryland law makes it a crime to cause another person to engage in sexual activity by threatening them, or to force them to be the subject of a visual or recorded performance that shows intimate parts or sexual activity. The law lists the kinds of threats that qualify, including threats to accuse someone of a crime, to cause physical injury, to inflict emotional distress, to cause economic harm, or to damage property.

Sextortion also covers threats used to make someone appear in a photo or video with intimate parts exposed or engaged in sexual activity, including simulated activity.

If found guilty, the offense is a misdemeanor with a maximum penalty of up to 10 years and up to 10,000 dollars, and the sentence can be stacked with related convictions like extortion or revenge porn.

When a case involves explicit visuals filed in court, the law limits who can view those materials to protect the victim.

Plain-English takeaway: prosecutors must show a covered threat and that the threat caused the sexual act or the explicit recording. If either piece is missing, the charge fails.

What the State has to prove

In court, the State must answer to core questions:

1. Did the person make a qualifying threat, such as accusing someone of a crime, or threatening injury, emotional distress, economic damage, or damage to property
2. Did that threat cause the sexual activity or the creation of the explicit visual or performance

Those are the building blocks the State must establish beyond a reasonable doubt.

How we defend sextortion cases

Challenge the �threat.� Not every pressure tactic is a criminal threat. We attack the wording, context, and timing of messages to show they do not meet the statute. Screenshots without metadata can be unreliable. We use motions to exclude flawed exhibits and to suppress unlawfully obtained digital evidence.

Causation matters. The prosecution must tie the act to the threat. If the sexual activity or recording happened before any alleged threat, or for reasons unrelated to it, the case weakens.

Consent and voluntariness. If the evidence shows voluntary participation not induced by a qualifying threat, that undercuts the charge. We cross-check each message thread, call log, and payment history with the elements the State must prove.

Scope of what counts as �sexual activity� and �intimate parts.� These terms are defined by statute. Overbroad readings are a common prosecution mistake. We hold the State to the precise definitions.

Protecting client privacy. Courts restrict access to explicit exhibits. We enforce these limits to reduce unnecessary exposure and prejudice.

Penalties and collateral issues

A conviction can bring up to 10 years and a fine up to 10,000 dollars. Sentences may run consecutive to other crimes that arise from the same incident.

Beyond the courtroom, cases often involve body-worn camera clips from interviews, phone extractions, cloud backups, and social media subpoenas. Understanding how video and digital evidence lands in court is key. Read our overview of how video evidence impacts trials.

What to do right now

• Do not contact the accuser. Any message can be spun as pressure.
• Preserve your evidence. Save original devices, keep cloud backups intact, and avoid deleting content.
• Get counsel involved early. Early outreach often shapes charging decisions and helps protect privacy.

If you are being investigated or charged, start with a confidential call. Visit our contact page.

For broader background on related sex offense topics, see our pages on sex offenses, third degree sexual offense, and fourth degree sexual offense.

You can also learn about what to do if you are charged with a crime and our Maryland criminal defense practice.

FAQs

Q: What kinds of threats count for sextortion

A: Threats to accuse someone of a crime or of something that would bring them into contempt or disrepute, threats of physical injury, emotional distress, economic harm, or property damage. Texts, DMs, emails, and in-person statements can all qualify, depending on context.

Q: Does the law only cover sexual activity

A: No. It also covers threats used to force someone to be the subject of an image or video that exposes intimate parts or shows sexual activity or simulated activity.

Q: What are the maximum penalties

A: Up to 10 years in jail and up to 10,000 dollars. In some cases that time can be ordered to run in addition to other sentences.

Q: Will explicit exhibits be public

A: Courts limit who may view explicit visuals filed in the case. Access is typically restricted to court personnel, the parties and counsel, the jury, certain officials, and the victim.

Q: How is this different from extortion or revenge porn

A: Sextortion is about threats used to compel sexual activity or explicit visuals. Traditional extortion centers on threats to obtain money or property. Revenge porn focuses on the non-consensual distribution of intimate images. Prosecutors sometimes charge multiple crimes from the same facts, which is why defense strategy must be tailored to the exact elements alleged.

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Want straightforward guidance on your situation Call us for a free consultation. We appear in courts across Prince George�s, Anne Arundel, and Howard County and handle complex digital evidence every day.