Legal Update No. 161 (03/2025)

Penal Code amended to add new crimes for “sexual extortion” and “aggravated sexual extortion.”

Public Act 261 of 2024, effective April 2, 2025, amended the Michigan Penal Code to add new crimes for “sexual extortion” and “aggravated sexual extortion.”

Sexual Extortion

An individual who intentionally and maliciously threatens to release, exhibit, create, or distribute “sexually explicit visual material” of another individual to compel or attempt to compel another individual to do any act or refrain from doing any act against the individual’s will with the intent to obtain “sexually explicit visual material” or anything else of value is guilty of a felony.  MCL 750.213b(1).

Penalties:
First offense – 5-year felony
Second offense – 10-year felony
Third or subsequent offense – 20-year felony

Penalties for Juvenile Offenders - If the individual convicted of a violation of MCL 750.213b(1) is less than 18 years of age, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year.  The court may order behavioral health counseling from an appropriate agency or provider as part of an individual’s sentence.  MCL 750.213b(3).

Aggravated Sexual Extortion – Victim Less than 18 or Vulnerable Adult – Perpetrator More than 18

An individual who is more than 18 years of age who commits sexual extortion in violation of MCL 750.213b(1) with a victim who is less than 18 years of age or a victim who is a vulnerable adult, is guilty of a felony punishable by imprisonment for not more than 25 years.  MCL 750.213b(2)(a).

Aggravated Sexual Extortion – Serious Physical Harm, Serious Mental Harm or Death

An individual who commits sexual extortion in violation of MCL 750.213b(1) and the victim suffers “serious physical harm,” “serious mental harm,” or death because of the violation is guilty of a felony punishable by imprisonment for not more than 25 years.  MCL 750.213b(2)(b).

Definitions

“Nudity” - displaying an individual’s genitalia or anus or if the individual is a female, her nipples or areola.  MCL 750.213b(4)(a).

“Serious mental harm” - a mental injury that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner.  MCL 750.213b(4)(b).

"Serious physical harm" - a physical injury that threatens the life of a victim, causes substantial bodily disfigurement, or seriously impairs the functioning or well-being of the victim.  MCL 750.213b(4)(c).

"Sexually explicit visual material" - a photograph or video that depicts “nudity,” erotic fondling, sexual intercourse, or sadomasochistic abuse.  MCL 750.213b(4)(d).

“Vulnerable adult” means that term as defined in section MCL 750.145m.  MCL 750.213b(4)(e).