HB1998 amends Virginia’s sexual extortion statute to expand and clarify the conduct covered and the penalties that apply. The bill makes it a felony for a person to maliciously threaten to disseminate, sell, publish, or refuse to remove intimate images of a victim or a family or household member, when the threat is used to coerce the victim into sexual acts and the coercion succeeds. It also adds a separate form of sexual extortion based on threats of eviction, loss of housing, property damage, or financial loss used to force sexual conduct.
The bill preserves the existing Class 5 felony penalty for most violations, but creates enhanced penalties when the victim is a minor. If the victim is under 18 in the image-based extortion provision, an adult offender faces a felony punishable by 1 to 20 years in prison and up to a $100,000 fine. For the new housing/financial-threat provision, the enhanced penalty applies when the victim is under 15. The bill also specifies venue, allowing prosecution in the locality where the communication was made or received, and notes that the measure may increase incarceration costs.
Impact
HB1998 amends Code of Virginia § 18.2-59.1, broadening the state’s sexual extortion law to cover both image-based coercion and coercion through threats of housing, property, or financial harm. It creates or clarifies felony liability for offenders who use these threats to obtain sexual acts, and it increases penalties in cases involving minors. The bill also affects criminal procedure by authorizing prosecution where the communication was sent or received, and it may increase state correctional and juvenile justice costs due to longer or additional commitments.
Sentiment
The bill appears to have broad bipartisan support and moved through both chambers with strong or unanimous votes at each stage. It was reported from committee with overwhelming support, passed the House 98-0, and passed the Senate 36-0 after clearing committee again without opposition. The voting record suggests general agreement that the conduct addressed is serious and warrants criminal penalties.
Contention
There is little visible opposition in the available record, but the main policy issue is the scope of the offense and the severity of penalties. The bill expands the statute beyond image-based threats to include threats involving eviction, housing loss, property damage, and financial loss, which broadens the reach of the law. Another point of concern is the enhanced sentencing for cases involving minors and the potential fiscal impact from increased incarceration, which is acknowledged in the bill’s fiscal note.