Sextortion and Child Pornography on Social Media
Sextortion cases involving young users are on the rise nationwide. Predators lure victims into sending compromising photos via social media and threaten to release them to the public until certain conditions are met. When this content depicts minors, multiple crimes have been committed. Call Cutter Law to learn more about social media sextortion and child pornography crimes. We can help you hold social media platforms accountable.
Sextortion and child pornography crimes are more common than ever due to young people’s access to social media apps such as Snapchat, Tiktok, and Instagram. Due to a lack of oversight by the companies that own these platforms, many young users have not obtained parental consent to access them.
With parents unaware of who their children are communicating with online, social media provides predators with a convenient place to find, groom, and exploit vulnerable and inexperienced victims. At Cutter Law, we want to hold social media companies accountable for their product design flaws.
Our California-based attorneys are experts in technology law and aren’t afraid to take on the social media giants who continue to ignore the dangers posed by predators using their products. If your loved one has fallen victim to online sextortion, our experienced Internet attorneys can help you hold these companies accountable for the harm they’ve caused.
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What Is Sextortion?
Sextortion occurs when an online predator claims to have sexually compromising content involving the victim. The perpetrator then blackmails the victim or threatens to release the compromising information unless the victim complies with certain requests. Often, the predators trick or coerce the victims into sending nude or explicit images of themselves. Sometimes the predator may even threaten to create computer-generated images or media that suggest the victim was involved or engaged in a sexual act.
Sextortion may occur anywhere users can meet and communicate online, including websites, social media apps, messaging platforms, and gaming sites. Sextortionists are often strangers, but they can be people your child knows in real life. The FBI reports that more than 3,000 minors, including many boys, were the targets of sextortion schemes in 2022.
How Does Sextortion Happen?
In sextortion scams on apps such as Snapchat, the criminal often poses as a potential romantic interest. Young users usually believe they are communicating with someone their age. Once the teenager sends sexually explicit images or videos, the predator demands financial payment, sexual favors, or additional content to keep the images secret.
Sometimes the criminal will video record online interactions for later blackmail as well. They may release content even if the demands are met or as a form of revenge porn against a former romantic partner.
There have been several recent high-profile cases involving sextortion and teenagers, including the following:
- A 2022 California sextortion scam led to a 17-year-old boy’s suicide before his extortionist was arrested and charged with internet crimes.
- A Brooklyn, New York, high school paraprofessional was sentenced to 15 years in prison for a child pornography and sextortion scheme. The criminal posed as a woman to obtain sexually explicit videos from teenage boys.
Effects of Social Media Sextortion on Children and Families
Young victims of sextortion often feel confused, ashamed, and fearful that they will be in trouble if they reach out to an adult for help. When a teenager feels they can’t break out of the cycle of sextortion, they may exhibit signs of declining mental health, including:
- Depression and anxiety
- Trouble sleeping
- Withdrawing from friends and family
- Loss of interest in activities they once enjoyed
- Weight loss or gain
- Physical symptoms such as headaches and stomachaches
- Self-harming behaviors
- Thoughts or attempts at suicide
Common Misunderstandings Involving Child Pornography and Social Media
Sextortion is a crime in California and other jurisdictions. As defined by the federal government, soliciting, receiving, storing, and sending sexually explicit photos, videos, performances, or other material depicting a minor under 18 is child pornography. Sending this type of content via an electronic device violates child pornography laws.
Many families mistakenly believe that if they report sextortion crimes to law enforcement, their child will be criminally liable for creating and sharing child pornography. That is not the case with these crimes. Your child or teenager is the victim, and the law is designed to protect them if they come forward.
Legal Options for Victims and Parents
If your child or teenager was the victim of a sextortion scheme or child pornography crime through TikTok or any other social media platform, report it to local law enforcement and contact a California social media harm lawyer at Cutter Law.
How To Take Legal Action Against Social Media Platforms
Taking on social media giants may seem overwhelming, given their size and power. However, we can file suit on your family’s behalf. You may be eligible to receive compensation for the harm done by the negligent behavior of social media companies. Most importantly, you also have the power to ensure this doesn’t happen again.
Schedule a free consultation to learn more about how we can help you hold social media platforms accountable.
Liability of Social Media Platforms
The lack of oversight and failure to implement security measures by social media companies like ByteDance, Snap Inc., and Meta have given criminals unfettered access to minors. As a result, they can review a child’s private information and obtain compromising photographs and information that they use to blackmail, exploit, and traffic victims.
How Social Media Platforms Are Liable for Content They Host
Platforms like Tiktok, Snapchat, Instagram, and Facebook have long hidden behind a law passed in 1996, before the rise of social media, to avoid liability. Section 230 of the Communication Decency Act shields social media companies from liability for user-generated content.
Unfortunately, this lack of responsibility for third-party content allowed revenge pornography, hate speech, cyberbullying, sex trafficking, and other harmful content to circulate unchecked. A 2018 law opened the door for future revisions to Section 230 by making it illegal for platforms to knowingly allow prostitution or human trafficking content on their apps or sites.
Additionally, some states are currently investigating TikTok’s role in sextortion and child pornography.
What Can Social Media Companies Do to Fix the Problem?
With simple product changes, social media companies could make young users safe online. At Cutter Law, our California personal injury attorneys believe that holding social media companies liable in civil lawsuits and forcing them to pay large settlements and verdicts will incentivize them to improve their faulty products.
Recent Legal Cases Against Social Media Platforms
Below are some recent lawsuits and legislation that may help protect children and teens on social media:
- Over 1200 families have sued social media companies after a whistleblower leaked documents linking their products to negative mental health outcomes for youths.
- A Supreme Court decision on Twitter v. Taamneh will determine whether social media platforms can be held responsible for aiding and abetting a terrorist attack.
- California lawmakers are considering legislation holding social media companies liable for promoting the sale of fentanyl and allowing lawsuits against platforms with features that facilitate the sexual exploitation of minors.
- Several pension and investment funds recently sued Meta for failing to address sex trafficking and child exploitation.
Protecting Your Child on Social Media
There are several steps you can take as a parent to make your child safer online:
- Talk to your teenager about online safety and cybersecurity. Encourage them to tell you immediately if someone asks for compromising material, even if they’ve already sent it. It’s important that they know you will support them regardless.
- Monitor your child’s social media use by insisting on having the passwords for any accounts they create and regularly reviewing their communications history.
- Set time limits for social media use.
- Consider waiting until your child is older and better able to recognize potential predators before allowing them to participate on social media platforms.
- Encourage your teenager to only connect with and talk to people they know in real life on social media.
- Never pay a sextortionist or send any additional content.
- Have your child change all their social media privacy account settings to private.
- Document all digital evidence of conversations involving extortion for law enforcement.
- Report sextortion to law enforcement immediately.
- Hire an attorney experienced in handling Internet crime cases.
How Cutter Law Can Help
At Cutter Law, we believe that social media companies must take the necessary steps to make young users safer from online predators, including:
- Requiring proof of parental consent to create an account
- Discontinuing the use of harmful and addictive algorithms
- Shielding young users from online predators
- Addressing content linked to the sexual exploitation and trafficking of children and teenagers
If your family has suffered harm from social media, we can help. Together, we can stop such crimes from happening to our children. We aim to force social media companies to redesign their products and inform parents of safety concerns regarding their child’s online activities.
Contact us today to learn about your options for fighting back against negligent corporations who are putting dollars above the safety of our children. We offer a free consultation, and you don’t pay any fees unless we win. With over 50 years of combined legal experience, our attorneys are here to fight for you and your family every step of the way.
FAQ
What is Social Media Sextortion?
Social media sextortion is a type of blackmail that involves someone using personal information, images, or videos to manipulate a victim into giving them money, sexual favors, or other demands.
Can You Get in Trouble for Being a Victim of Sextortion?
If you’re a minor who shared photos of yourself with an extortionist, the law recognizes you as the victim and is designed to protect you. You will not get in legal trouble.
Should I Ignore Sextortion?
You should document and report instances of sextortion to your local authorities. Chances are it won’t go away on its own, and you may be helping the criminal find other victims.
Who is Targeted by Sextortion?
Children and teenagers are most at risk for becoming victims of sextortion, particularly young boys, because they may be less likely to report the behavior. Victims are typically approached while scrolling through social media or playing online games.
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