Certain sex offenses; sexual extortion; unlawful creation of image of another; penalties. Provides that any person who, with the intent to cause the complaining witness to engage in certain sexual acts, maliciously (i) threatens in writing, including electronically, (a) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (b) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness's family or household member, as defined in relevant law, as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (ii) threatens eviction, loss of housing, property damage, or any financial loss, but such complaining witness does not thereby engage in such sexual acts is guilty of attempted sexual extortion and shall be punished as prescribed by relevant law. The bill also adds to the existing offense of unlawfully creating an image of another a prohibition on any person knowingly and intentionally creating any videographic or still image by any means whatsoever of any nonconsenting person if that person is not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in relevant law, when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location. A violation of such prohibition is a Class 1 misdemeanor unless such nonconsenting person is younger than the age of 18, in which case it is elevated to a Class 6 felony.

Statutes affected:
Introduced: 18.2-59.1, 18.2-386.1