Stronger law proposed for those who exploit children over explicit images

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COLUMBUS, Ohio (WCMH) – Lawmakers have introduced a bill that would make sextortion a felony in Ohio, in honor of a 15-year-old Olentangy High School football player who took his life after falling victim to the scam.

The FBI calls sextortion a “growing threat” targeting minors. It occurs when a criminal contacts a victim and obtains, or claims to have, an explicit photo that they threaten to release unless the victim does what they say. 

“Braden’s Law,” introduced by Reps. Brian Lorenz (R-Powell) and Beth Lear (R-Galena), would also provide immunity from prosecution to victims who sent explicit images and give victims eligibility to apply for financial compensation through Ohio’s victims of crime fund. And it would designate funds and resources for catching perpetrators, who often commit their cybercrimes from out of the state or country.

“Basically, what we’re trying to do is tell these evil people that are thinking about doing this: ‘Think again, before you try and do this in Ohio. We’re onto you, we’re not going to tolerate it, we’re not going to tolerate bullying, and we’re not going to put up with it in our state,’” Lorenz said.

Often, minor victims will believe they are talking to someone their own age, whom they send revealing photos. The criminal will then threaten to publish the content to get the victim to produce more images. In recent years, the FBI has seen an increase in financial sextortion, where the criminal will threaten to release the images if the victim does not send them money. 

The shame and fear victims feel often prevents them from asking for help or reporting the incident, the FBI states. From October 2021 to March 2023, the FBI received more than 13,000 reports of online financial sextortion of primarily male minors, and the blackmailing led to at least 20 suicides. A central Ohio teen is among those who lost their life after falling victim to the scam.

Braden Markus was a 15-year-old student and football player at Olentangy High School. At an event announcing the bill, Braden’s mother, Jennifer Markus, said Braden was a shining light who was passionate about making a positive impact on the world. 

Braden was contacted by an individual on social media in October 2021, who sent him revealing photos posing as a 15-year-old girl. The user convinced Braden to send photos back, then the interaction quickly escalated. 

Immediately after receiving the photo of Braden, the user demanded $1,800 and threatened to release the photo on social media if Braden did not comply. Just 27 minutes after being contacted by the blackmailer, Braden died by suicide. 

After his death, his family was unable to gain access to his phone for about a year, according to Lorenz. 

“His parents were unable to get into his phone to find out why he did what he did,” Lorenz said. “It was a year of just complete agony for that family.”

Due to the roadblocks Braden’s family faced, the bill would allow parents or guardians to gain access to a device belonging to a deceased minor within 30 days. The bill also would provide immunity to telecommunication carriers from any criminal or civil penalties that could arise from providing access to the minor’s device. 

“We're taking our tragedy and trying to turn it into something positive and to help others,” Jennifer Markus said. “It's hard, because everything that we've done, it's like every single day, it's just reliving that over and over.”

The bill has the support of numerous state leaders, including Lt. Gov. Jon Husted, the Delaware County Sheriff’s Office and Delaware County Prosecutor Melissa Schiffel. 

“Undoubtedly this law will save lives,” Schiffel said. “It will also provide a better legal framework for law enforcement and prosecutors to combat this new-age predator that hides behind a screen.”

State Sen. Andrew Brenner has also introduced a companion bill in the Senate. If Gov. Mike DeWine signs Braden's Law, Ohio would join 17 states that have laws against sexual extortion. Lorenz said lawmakers are hoping to get the bill signed into law before the start of next school year.