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Virginia statute

Va. Code Ann. § 18.2-59.1 — Sexual extortion; penalty

Current through 2026 Regular Session

Part of Article 6: Extortion and Other Threats, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-59.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-59.1Primary source, current through the 2026 Regular Session
A. Any person who maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message, (i) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (ii) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, (a) that depicts the complaining witness or such complaining witness's family or household member, as defined in § 16.1-228 , as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (b) in which the genitals, pubic area, buttocks, or female breast of such complaining witness or such complaining witness's family or household member is not exposed but such videographic or still image is obscene, as defined in § 18.2-372 , with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of a Class 5 felony. However, any adult who violates this section with a person under the age of 18 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000. B. Any person who maliciously threatens eviction, loss of housing, property damage, or any financial loss with the intent to cause the complaining witness to engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , and thereby engages in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of a Class 5 felony. However, any adult who violates this section with a person under the age of 15 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000. C. Any person who maliciously threatens a complaining witness in violation of subsection A or B, but such complaining witness does not thereby engage in sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, inanimate or animate object sexual penetration, or an act of sexual abuse, as defined in § 18.2-67.10 , is guilty of attempted sexual extortion and shall be punished as prescribed in § 18.2-26 . D. A prosecution pursuant to this section may be in the county, city, or town in which the communication was either made or received.

Official sources

Legal terms used in this section

Questions this section answers

Is sexual extortion a felony or a misdemeanor in Virginia?

Sexual extortion is a class 5 felony in Virginia under Va. Code Ann. § 18.2-59.1.

Which Virginia statute covers sexual extortion?

Sexual extortion is governed by Va. Code Ann. § 18.2-59.1 (Sexual extortion; penalty).

This reference is informational and is not legal advice.