You might be aware that in 2016 Oklahoma's revenge porn law was enacted. Referred to as the nonconsensual dissemination of private sexual images statute, it is a misdemeanor to post or send a sexually explicit image of a person. It may seem reasonable that the state has a law that punishes an individual for engaging in conduct that could harass, intimidate, or coerce another, as this can harm the person.
But what about instances in which the dissemination was completed? For example, what if you or someone you know simply threatens to send or post nudes of another, but they don't actually do it? That type of behavior, if it's coupled with the intent to obtain something of value, is still a crime. In fact, it can be considered more serious than revenge porn.
Threatening to Send Nudes May Be Blackmail
Suppose you know someone who got into an argument with their significant other about money. Upset that their girlfriend won't agree to give them $1,500, they take her phone, which contains several nude photos. The person uses their own phone to take pictures of their girlfriend's nudes. They tell her that unless she gives them the money, they will send the images to her family and friends and will post them online.
Although this conduct doesn't meet the definition of revenge porn, it is still illegal. That's because the person's actions could be considered blackmail.
Under Okla. Stat. § 21-1488, blackmail occurs when someone, among other things, threatens to disseminate a fact or information about another person to try to get that individual to provide something of value or act against their will. Thus, although no action is actually taken – the threat is not completed – the person making the threat can be charged with a crime.
The blackmail law doesn't specifically mention sending nude photos, but it is still applicable in matters when threats of disseminating such images are made.
The Potential Penalties for Blackmail
If the person in the above example is convicted of blackmail, they could be facing severe penalties. This is a felony offense, which can be penalized by up to 5 years in prison and up to $10,000 in fines.
But blackmail charges and penalties aren't the only a person may face for threatening to send nudes. They may be charged with other offenses. For instance, if the person in the earlier example had texted the threat to their girlfriend, they could be accused of sending obscene, threatening or harassing communication. The offense is a misdemeanor that carries a jail term of up to 1 year and a maximum $500 fine.
If you've been accused of a felony or misdemeanor in Norman, OK, our lawyers can deliver the aggressive defense you need to fight your charge. Schedule a consultation with Law Offices of Keith J. Nedwick, P.C. by calling (866) 590-8173 or submitting an online contact form today.