Bill > HB5887

This bill creates new criminal offenses for sexual extortion and aggravated sexual extortion, which involve intentionally and maliciously threatening to release, exhibit, create, or distribute sexually explicit visual material of another person to force them to do something against their will or to obtain sexually explicit material or something of value. For a first offense, the penalty is up to 5 years in prison and a $5,000 fine, with escalating penalties for subsequent offenses, reaching up to 20 years in prison and a $20,000 fine for a third or subsequent offense. Aggravated sexual extortion, which carries a penalty of up to 25 years in prison, occurs if the victim is under 18 or a vulnerable adult and the perpetrator is over 18, or if the victim suffers serious physical harm, serious mental harm, or death as a result of the extortion. Sexually explicit visual material is defined as a photograph or video depicting nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse, while nudity refers to the display of genitalia, anus, or female nipples or areola. If the perpetrator is under 18, the offense is a misdemeanor with a penalty of up to 1 year in jail, and the court may order behavioral health counseling. This bill amends Michigan's existing laws on crimes, specifically Public Act 328 of 1931, which covers a broad range of criminal statutes.