What is the Crime of Sextortion in Wisconsin?

 Posted on June 12, 2025 in Criminal Defense

A Wisconsin mother is speaking out following the death of her 15-year-old son by suicide as a result of an online scam known as "sextortion." Scammers target people, often young boys or girls, coercing them into sending sexually explicit images. Once the photos or videos are sent, the scammer threatens the person, saying they will release the images unless the person pays them money or live streams acts of animal cruelty, self-harm, suicide, or sexual explicitness.

The FBI has warned against these scams, even naming a group called 764, which operates both in the U.S. and globally. The threat of sending images to parents, friends, spouses, classmates, or even co-workers pressures people into paying the money or doing things they would not typically do. Like most states, sextortion is not yet a specific crime in Wisconsin. However, the Wisconsin legislature is currently working on "Bradyn’s Bill" to address the crime.

Currently, sextortion would likely be charged under "Threats to Communicate Derogatory Information" or "Solicit Intimate Representation from a Minor." Both of these charges carry a maximum sentence of three and a half years in prison. While nobody believes sextortion should not be prosecuted, like many sex crimes, there exists the potential for a person to claim sextortion when it did not actually occur.

An individual could claim another person attempted to extort them after they sent explicit photos, but in truth, the individual could be attempting to get back at that person for any number of reasons. Regardless of the circumstances, this is a serious criminal offense. If you are facing charges similar to sextortion or sexting charges, you could benefit from speaking to a Milwaukee County, WI criminal defense attorney.    

Bradyn’s Law

The Wisconsin Assembly Committee on Criminal Justice and Public Safety will hold a public hearing to discuss Assembly Bill 201, known as Bradyn’s Law. As the bill is written, Bradyn’s Law would also provide the victim or the victim’s family with a payment from the crime victim compensation fund of the DOJ if the victim is injured or dies as a result of the sextortion crime. Before the Wisconsin Governor can sign the bill into law, there will be public hearings in the Assembly and Senate. If it passes in both houses, it will be sent to the Governor.

What Is Sexting?

The crime of sexting involves taking, sending, or receiving nude or sexual photos or videos by electronic means. This could be on social media, through a text message, or via email. Teenagers often use sexting to bully or harass others, which makes it similar to sextortion, although money is usually not involved. Sexting between consenting adults is legal so long as there are no images of minors involved.

When images of minors are sexted (even when it involves minors sending and receiving the images), the offense falls under child pornography and sexual exploitation laws, which can result in felony charges. Although some states have addressed teen sexting by providing reduced charges and penalties when the sexting occurs between minors,

Wisconsin has not, creating potentially severe penalties for 17, 18, and 19-year-olds who must go through adult court and are given adult sentences.  Charges could be as serious as a Class F felony, with penalties of up to 12.5 years in prison. Class C, D, and H felonies could also be charged, depending on the circumstances.  

Contact a Walworth County, WI Defense Lawyer

If you are facing charges like sextortion, sexting, or other types of sex crimes, the sooner you speak to a Racine County, WI sex crimes attorney from Bucher Law Group, LLC, the better your outcome is likely to be. Attorney Bucher has litigated some of the most high-profile and complex cases in Wisconsin, and with 20 years of experience as the Waukesha County District Attorney, he brings a unique perspective to criminal prosecutions. To schedule your free consultation, call 262-303-4916.