Sextortion and Catfishing: Understanding the Legal Risks

Online scams and criminal activities have increased substantially. Offenders no longer need to search for their victims in person. They can sit behind a device and find their victims online.

However, some individuals may be accused of criminal activity even though they only sought friendship or companionship. Therefore, it is crucial to understand the laws governing online interactions, including sextortion and catfishing. This blog by our Seattle criminal defense attorney explains the legal risks a person may face for sextortion and catfishing in Washington State.

What Is Sextortion and Catfishing?

Catfishing involves using a fake online persona to deceive or control others. The catfisher creates a romantic relationship or friendship with a target. They use the relationship to groom the person so they can use the relationship to obtain something. For example, a catfisher may convince someone to send them money, personal information, compromising videos/photos, etc.

Sextortion involves coercing, tricking, or threatening someone into sharing personal and sensitive material. Then, the person threatens to release the material unless the victim provides sexual favors, sexual images, or money.

These activities often overlap when a catfisher manipulates a victim into sharing compromising material. Then, the catfisher uses the material to extort the victim. They may demand money, sexual images, or sexual favors to prevent them from exposing the victim online or telling the victim’s family about their online activities. Washington State residents report millions of dollars lost on catfishing scams just in 2021.

Potential Criminal Charges for Sextortion and Catfishing in Seattle, WA?

The legal risks of catfishing and sextortion include being charged and convicted of one or more crimes. Criminal offenses related to sextortion and catfishing include, but are not limited to:

  • Fraud – Fraud covers a wide range of deceptive activities. Depending on the factors involved, fraud may be prosecuted as a felony or misdemeanor offense.
  • Extortion – Washington law defines extortion as knowingly attempting or obtaining services, property, or sexual favors from someone by threat. The threat can be violence, but it could also be releasing information obtained from catfishing.
  • Harassment – Catfishing and sextortion may lead to online harassment, cyberstalking, stalking, and threats. In some cases, the offender may use threats of violence to harass the victim.
  • Child exploitation – Offenders prey on children and minors online. Catfishers may lure minors into private groups to groom them. Sexual exploitation of a child is a serious sex crime in Washington. A conviction could result in a mandatory prison sentence of 31 to 41 months. Multiple counts could result in 10 years in prison.
  • Identity Theft – Catfishers obtain personal information to steal someone’s identity. They may sell the identity to another party or use it to open credit cards, purchase firearms, obtain loans, and engage in other conduct. Identity theft is illegal under RCW §9.35.020.

Sextortion and catfishing could result in misdemeanor or felony charges. The charges may be state or federal, but they could overlap, resulting in state and federal offenses. Penalties for a conviction can include lengthy incarceration, substantial fines, probation, and restitution payments. Some crimes could result in registration as a sex offender.

What Can Victims of Catfishing and Sextortion Do?

If you have been catfished or are the victim of sextortion, you have options. You can seek a protection order against the perpetrator to prevent further contact. There may also be legal options available to you. If you have questions, need help reporting the conduct to law enforcement, or wish to seek a protection order, contact our office for more information.

Get Help From a Seattle Criminal Defense Attorney

You may receive a severe sentence for criminal charges related to sextortion and catfishing in Washington State. Criminal cases related to catfishing and sextortion involve complex legal issues. Understanding the laws governing these criminal charges, the potential penalties you face, and the legal defenses available to you is crucial.

Are you facing criminal charges related to sextortion and catfishing? Contact Jennifer Horwitz Law to discuss your legal defenses with a Seattle criminal defense attorney.