Charleston Sextortion Lawyer
Sextortion means threatening to distribute intimate images unless the victim pays money, provides more images, or complies with other demands. In South Carolina, it is both a criminal offense and grounds for a civil lawsuit. A civil attorney can seek an immediate court order to stop the harm, pursue damages for emotional distress and reputational injury, and in many cases file on your behalf without using your full name in public records. All of this is separate from and in addition to any criminal investigation.
Financial sextortion, revenge porn, online exploitation, and cases involving minors.
Joe Cunningham Law handles both the immediate legal response — injunctions, takedowns, identification of anonymous perpetrators — and the full civil damages case.
- Financial sextortion: threats to distribute intimate images unless the victim pays money
- Sexual sextortion: threats or coercion to obtain additional images or sexual acts
- Revenge porn (nonconsensual image distribution): sharing intimate images without consent, even without a threat
- Online grooming and exploitation
- Platform-based exploitation: Instagram, Snapchat, Discord, gaming platforms
- Cases involving minors
Civil and criminal law working together — and what a civil attorney can do that criminal process cannot.
South Carolina law addresses sextortion through both criminal statutes and civil causes of action. Most victims benefit from pursuing both.
This Is Both a Criminal Matter and a Civil Matter
Criminal side:
- SC Code §16-15-385: prohibits threatening to distribute intimate images to coerce payment or sexual compliance
- SC Code §16-15-400: prohibits nonconsensual disclosure of intimate images
In a criminal case, the state prosecutes. You have no control over the timeline, no direct compensation from a conviction, and a criminal court cannot order images removed.
A civil case runs on a parallel track. You initiate it. It moves on your timeline. Remedies are different.
What a Civil Attorney Can Do That Criminal Process Cannot
- 1.An injunction: court order requiring the perpetrator to stop and remove images. Can be obtained on an emergency basis.
- 2.Monetary damages: emotional distress, reputational harm, economic losses.
- 3.Anonymous or protected filing: cases can proceed under initials or pseudonym in appropriate circumstances.
- 4.Subpoenas to identify anonymous perpetrators.
Civil Causes of Action
- Invasion of privacy (public disclosure of private facts)
- Intentional infliction of emotional distress (IIED)
- SC Homeland Security Act (computer access and electronic coercion)
Statute of Limitations SC Code §15-3-530
SC Code §15-3-530: three years from date of violation or discovery.
For minors: SC Code §15-3-40 — limitations period does not begin to run until the minor reaches age 18. A victim who was 15 at the time of the offense has until age 21 to file.
From evidence preservation through resolution — and how to move quickly when it matters.
Sextortion cases often require immediate action. Evidence preservation and injunctive relief can happen within days of a first call.
Confidential intake
Everything is protected by attorney-client privilege from the first conversation.
Evidence preservation
Before anything is deleted: screenshots of messages, threats, account profiles; payment records; email threads; documentation of where images have been posted. Do NOT delete anything.
Identify the perpetrator if unknown
Civil discovery subpoenas platforms, payment processors, and internet service providers to obtain account holder information, IP addresses, and device records.
Cease-and-desist and DMCA takedowns
If perpetrator is known: cease-and-desist demand. Simultaneously: DMCA takedown notices to platforms and hosting providers.
File civil action and seek injunctive relief
If perpetrator does not comply, we file a civil complaint and move for temporary restraining order or preliminary injunction.
Pursue damages
Civil discovery compels the defendant to produce records, sit for depositions, and disclose financial information.
Resolution
Settlement, consent judgment, or trial verdict. Contingency fee.
Damages
- Emotional distress damages: anxiety, depression, PTSD, suicidal ideation — compensable under SC law with mental health documentation.
- Reputational harm: breadth of distribution, identifiable recipients, impact on personal and professional relationships.
- Economic harm: job loss, educational disruption, missed opportunities.
Punitive damages
- Under SC Code §15-32-520, capped at $500,000 or three times compensatory damages. Sextortion typically meets the deliberate/egregious standard.
Confidentiality
Strict confidentiality throughout. Pseudonymous filing where appropriate. Protective orders on sensitive evidence.
A trial attorney who handles these cases with the gravity they require.
These cases require the ability to move quickly, technical understanding to pursue anonymous perpetrators through digital evidence, and the judgment to handle deeply sensitive facts with discretion. Joe Cunningham is a trial attorney admitted in SC and USDC District of SC, former U.S. Congressman (SC-1, 116th Congress), not a volume practice. Every case gets real attention.
U.S. District Court, D.S.C.
Questions we hear before every first call.
Threatening to distribute intimate images unless the victim pays money, provides additional images, or complies with other demands. Distinct from revenge porn, which is distribution without consent even without an explicit threat.
Yes. SC Code §16-15-385 (threatening to distribute) and §16-15-400 (nonconsensual disclosure). Both carry criminal penalties. Report to local law enforcement, SC Attorney General, or FBI IC3.
Yes. Two independent proceedings. Criminal: state prosecutes, no victim compensation. Civil: you initiate, you seek damages and court orders.
Civil discovery can subpoena platforms, payment processors, and ISPs to identify the account holder and device behind the conduct.
In many circumstances, yes. Courts can allow you to file under a pseudonym (such as “Jane Doe”), keeping your name out of the public record, and protective orders are also available.
DMCA takedown notices require platforms to remove infringing content quickly in many cases. Legal action accelerates removal significantly.
Additional protections apply. SC Code §15-3-40 tolls SOL until child turns 18. Cases involving minors may also involve federal law including the PROTECT Act.
Offshore perpetrators are more difficult but not impossible. US-based platforms remain subject to US court orders and subpoenas.
Adult victims: three years from date of harm under SC Code §15-3-530. Minor victims: three years after they turn 18 under SC Code §15-3-40.
Nothing upfront. Contingency fee. Free confidential consultation.
Do NOT pay the demand. Do NOT delete any messages, images, or communications. Preserve everything. Contact law enforcement. Then contact a civil attorney.
Not necessarily. Courts regularly grant pseudonymous filing and protective orders in these cases.
Talk to a Charleston Sextortion Lawyer — Free Consultation
If you or someone in your family has been targeted by sextortion or online exploitation in South Carolina, contact Joe Cunningham Law. Free consultation, confidential, no fee unless we recover for you.
Charleston, S.C. 29407
Thank you. Your message is on its way to Joe.
We review every message personally and will get back to you, usually within the hour during business hours. For anything urgent, call (843) 633-3360.