SC Gov. Henry McMaster ceremonially signs sexual extortion law named for Rock Hill teen
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South Carolina Gov. Henry McMaster on Friday ceremonially signed a new law that makes sexual extortion a crime during an event in Rock Hill — a location chosen because of the bill’s namesake.
The law is called ‘Gavin’s Law’ after Gavin Guffey, 17, of Rock Hill took his own life last year after becoming the victim of an online sexual extortion. The new law makes the crime known as “sextortion” — often the blackmailing of someone using sexually explicit images or videos — a felony offense.
The crime becomes an aggravated felony if the victim is a minor, vulnerable adult or if the victim suffers bodily injury or death directly related to the crime.
The signing by McMaster in Rock Hill at the Rock Hill Arts Center on Main Street was the second ceremonial law signing in the city in three days. He held a parental leave law signing Wednesday at South Pointe High School.
Gavin’s father, Rep. Brandon Guffey, pushed law
The bill took effect in May when it was first signed into law by the governor after unanimous approval in both the S.C. Senate and S.C. House of Representatives. Friday’s signing was ceremonial.
A person convicted of felony sexual extortion must be imprisoned no more than five years for a first offense, no more than 10 years for a second offense and no more than 20 years for a third or subsequent offense. A person convicted of aggravated felony sexual extortion must be imprisoned no more than 20 years.
State Rep. Brandon Guffey, Gavin’s father and a Republican whose district covers York County, said Friday he pushed for the law in his first year as a state representative to help all South Carolina children and families. He previously served on the York County Council.
Guffey, flanked by his family, cried at the bill signing as he spoke to a crowd of hundreds of friends, lawmakers, neighbors and others who backed the law.
“This is not a (politically) partisan issue,” Guffey told the crowd. “We’ve got children and we’ve got to protect them.”
Guffey’s push for the law after publicly acknowledging how his son died has been the subject of worldwide news coverage, including in People magazine, CNN, Fox News and other sites.
Sexual extortion in the internet age
McMaster told the crowd the internet is dangerous for young people who can be victimized by online predators.
FBI statistics for 2022 show teens across America were victims more than 3,000 times, according to the governor. Victims are often targeted by online predators who seek nude or sexually explicit photos or videos from victims, then extort the victims with threats of exposing the images.
The law targets those online predators.
The law states: “A person commits the offense of aggravated felony sexual extortion if the actor intentionally and maliciously threatens to release, exhibit, or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his will, with the intent to obtain additional private images or anything else of value.”
Far too often in an era where almost all people have cell phones and internet access, the victims are children or teens, McMaster said.
“We have to all we can to stop this,” McMaster said Friday. “Some of these criminals, they have to learn the hard way.”
McMaster said what happened to the Guffey family is a tragedy. The law takes a step to protect other young and vulnerable people from online sexual extortion, he said.
Public and child awareness
The legislation also asks local school districts to collaborate with the State Department of Education, the South Carolina Law Enforcement Division and the S.C. Attorney General’s office to implement a policy to educate and notify students of the law.
That includes adequate notice to students, parents or guardians, the public and school personnel of the change in law and the dangers of sexual extortion.
The S.C. Department of Education must file a report on the status of the adoption and implementation of the education policies annually to the governor and S.C. General Assembly.
This story was originally published August 18, 2023 at 2:09 PM with the headline "SC Gov. Henry McMaster ceremonially signs sexual extortion law named for Rock Hill teen."
