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HB 5887

Crimes: criminal sexual conduct; sexual extortion and aggravated sexual extortion; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 213b.

2023-2024 Regular Session Introduced by Joey Andrews and 25 co-sponsors

Creates felony offense of sextortion for threatening to release sexually explicit material to coerce actions, with escalating penalties up to 20 years.

assigned PA 261'24
#crimes:criminalsexualconduct #crimes:obscenity #crimes:penalties
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Bill Summary · HB 5887

Summary — HB 5887 (Public Act 261 of 2024)

Amends: Michigan Penal Code (1931 PA 328) by adding section 213b (MCL 750.213b)
Sponsor: Rep. John Fitzgerald
Enacted: Approved by Governor Jan. 22, 2025; Effective April 2, 2025 (PA 261'24)

Purpose

Creates a specific criminal offense for sexual extortion (commonly called "sextortion") — i.e., threatening to release, create, exhibit, or distribute sexually explicit photographs or videos of a person to coerce that person to do (or refrain from doing) something, with the intent of obtaining additional sexually explicit material or anything else of value.

Key elements of the offense

  • Mens rea and conduct: The actor must intentionally and maliciously threaten to release/exhibit/create/distribute sexually explicit visual material of another person to compel (or attempt to compel) that person to act or refrain from acting against their will.
  • Intended gain: The threat must be made with intent to obtain sexually explicit visual material or anything else of value.
  • Material covered: “Sexually explicit visual material” = photographs or videos depicting nudity, erotic fondling, sexual intercourse, or sadomasochistic abuse. “Nudity” is defined to include genitalia, anus, or female nipples/areola.

Penalties

  • First offense: felony — up to 5 years imprisonment, a fine up to $5,000, or both.
  • Second offense: felony — up to 10 years imprisonment, a fine up to $10,000, or both.
  • Third or subsequent offense: felony — up to 20 years imprisonment, a fine up to $20,000, or both.
  • Aggravated circumstances (increasing maximum to 25 years):
    • Victim is under 18 or a vulnerable adult and perpetrator is over 18; or
    • The victim suffers serious physical harm, serious mental harm, or death as a result of the offense.
  • Juvenile offenders (perpetrator under 18): classified as a misdemeanor — up to 1 year imprisonment. Courts may order behavioral health counseling.

Definitions (selected)

  • Serious physical harm: injury that threatens life, causes substantial disfigurement, or seriously impairs functioning.
  • Serious mental harm: mental injury causing substantial, visibly demonstrable alteration of mental functioning.
  • Vulnerable adult: as defined elsewhere in statute (section 145m).

Related measures and impacts

  • Companion bills: HB 5888 (would add these felonies to sentencing guidelines) and HB 5889 (would require educational notice and school-based education about this offense). HB 5888/HB 5889 were tied to HB 5887 in analysis.
  • Fiscal impact: Indeterminate. New felony convictions could increase state prison and probation costs. House Fiscal Agency noted FY2023 average incarceration cost ≈ $48,700 per prisoner and ≈ $5,400 per offender for parole/probation supervision; local court impacts depend on caseload changes.

Legislative/timeline highlights

  • Introduced: June 27, 2024; Substitute (H‑1) adopted in House Dec. 13, 2024.
  • Passed House and Senate in December 2024; enrolled and presented to Governor; approved Jan. 22, 2025.
  • Assigned PA 261'24, effective April 2, 2025.

Who is affected: potential victims of sextortion (including minors and vulnerable adults), persons who threaten to distribute sexually explicit material, juvenile offenders (subject to different treatment), law enforcement, prosecutors, courts, and correctional/probation systems.

Compiled from official sources — confirm details with the bill’s official record.

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