Legal Remedies When Someone Threatens to Release Private Photos

Attorney Answer

Do not pay, and do not delete anything — what is being done to you is a felony in California, and paying almost never ends it.

Under Cal. Penal Code §§ 518, 519, extortion is obtaining property or other consideration from someone, with consent, induced by wrongful use of force or fear. Section 519 says the fear may be induced by a threat to expose a secret affecting the victim, or to "impute" to the victim any "deformity, disgrace, or crime." A threat to release intimate photos unless you comply fits squarely. If the images are actually distributed, Cal. Penal Code § 647(j)(4) makes that a separate misdemeanor where the images are of an identifiable person, the two of you understood they would stay private, and the distributor knew or should have known it would cause serious emotional distress.

You also have a civil claim of your own. Cal. Civ. Code § 1708.85 creates a private right of action against someone who intentionally distributes such images without consent, with general, special, and punitive damages available, injunctive relief, and — importantly — the right to file under a pseudonym so your name does not appear on a public docket.

California's Court of Appeal upheld extortion convictions in People v. Bollaert, 248 Cal.App.4th 699 (2016), against the operator of a site that posted victims' intimate images with their identifying information and charged a fee for removal. Two holdings matter to you. The court rejected the argument that merely responding to a victim's plea, rather than initiating contact, defeats the threat element. And it held the images could still be a "secret" for extortion purposes even though they had already been posted online and seen by some people. Both are objections you may hear; neither is a defense.

What you can do

1. Stop paying and stop negotiating. Compliance is treated by these offenders as proof you will pay again. 2. Screenshot everything before you block — messages, usernames, profile URLs, payment demands, wallet addresses. Do not delete the thread. 3. Report it to your local police as extortion under §§ 518 and 519, and cite § 647(j)(4) if anything has been posted. Also report to the FBI at ic3.gov. 4. If you are under 18, or the images were taken when you were, tell the officer immediately — different and far more serious laws apply. 5. Use NCMEC's Take It Down service (free) to have known images blocked across major platforms. 6. Consider a harassment restraining order under Cal. Code Civ. Proc. § 527.6, which allows a temporary order on an expedited basis and is realistically obtainable without a lawyer. 7. For damages and an injunction, bring the civil claim under Cal. Civ. Code § 1708.85 and ask to proceed under a pseudonym.