What is Sextortion? Wisconsin’s New Law Explained

Facing any sex crime accusation can be overwhelming and difficult to navigate. While the social stigma and personal consequences can be emotionally weighty, the legal process and laws are often not straightforward and can add to the burden. Continue reading to understand the Wisconsin definition of Sextortion, the potential penalties, and how a lawyer can help you or a loved one in need. 

Sexual Extortion or “Sextortion” is defined in Wisconsin as coercing another person into sexual conduct or producing an intimate representation (like a photo or video) by using threats of violence, distribution of an intimate photo of that person or injury to property or their reputation. These cases often arise from online communications, social media platforms, or messaging apps.

While all crimes involving sex are sensitive, Sextortion cases are currently receiving extra attention in Wisconsin and across the United States.  New laws are likely to receive extra attention from the community, especially as they are challenged in individual cases. Being charged with Sextortion can mean damage to your career and reputation. If you or someone you love is facing charges of Sexual Extortion, Nelson Defense Group can work with you to not only build the best defense available but also understand your story and the life you are defending.

Sextortion is a felony in Wisconsin. Possible penalties are increased if the alleged victim is a minor or if the individual engages in sexual conduct, produces an intimate representation, provides anything of value, or suffers great bodily harm.  Penalties are further increased if the perpetrator has a previous conviction for a sexually violent offense, the actor is more than 4 years older than a minor victim, or if the Sextortion occurs during a child abduction. If the victim dies because of Sextortion, the penalties are increased even more.

Because the consequences of these charges extend far beyond the courtroom, early intervention by a knowledgeable criminal defense attorney in Wisconsin is essential to help you preserve your rights, collect and preserve evidence, and begin building your defense as soon as possible.

To convict someone of Sextortion, prosecutors must prove each legal element beyond a reasonable doubt. Defense counsel may challenge whether:

• • The source of a threat is correctly identified
  • A true threat was made
  • Communication was coercive
  • Sexual conduct or intimate representations were actually produced as a result

In online cases, shared devices, compromised accounts, and spoofed profiles can be an issue. Where mistaken identity or third-party access may be issues, demonstrating that the accused was not the person sending the messages can be a powerful defense, especially in cases involving anonymous platforms.

If you have been charged under the new Sextortion law in Wisconsin, you need an attorney not only with extensive experience with sex crimes in Wisconsin, but you also need an attorney capable of challenging every detail of the prosecution. At Nelson Defense Group, we have extensive experience defending sex crimes, we are strong litigators, and we are prepared to tell your story.

Many, if not most, sextortion allegations involve digital content and/or social media.   Prosecutors will often rely on several types of evidence to build their case:

• Text messages, emails, and social media records
• Phone records
• Computer downloads
• Screenshots or saved images
• Platform data and IP address information

Digital evidence, however, is not always as clear or reliable as it appears. Vast downloads of data from devices must be appropriately reviewed and analyzed. This may require experts to review evidence and give expert opinions. 

A strong criminal defense strategy also focuses on carefully analyzing how this evidence was obtained, preserved, and interpreted. It is imperative that your criminal defense attorney have the experience, resources, and connections to hire the experts you need to build your case.  At Nelson Defense Group, we bring not only our collective experience to your case, but we bring a network of connections across the state that help us to defend your case successfully.

Sextortion cases are highly fact-specific and often emotionally charged. Working with a defense attorney familiar with Western Wisconsin courts, prosecutors, and judges provides a strategic advantage. Local counsel understands how these cases are charged, negotiated, and tried in the region — and how to pursue the best possible outcome.

If you are under investigation or have been charged with sextortion in Western Wisconsin, do not speak to law enforcement without legal counsel. Early legal guidance can protect your rights, preserve critical evidence, and help shape an effective defense strategy. As experienced Western Wisconsin criminal defense attorneys, Nelson Defense Group can work with you to evaluate your case, explain your options, and defend your future.

Written by Nelson Defense Group Attorney Liesl Nelson