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Gavin's Law (Sextortion)

Gavin's Law (Sexual Extortion)

  • Gavin Guffey, a victim of sexual extortion, resulting in him taking his own life. In 2022, 17-year-old Gavin Guffey was a victim of sexual extortion, resulting in him taking his own life. This led to a change in law regarding sexual extortion.

  • In 2023, South Carolina enacted Gavin’s Law (Act 54), a vital piece of legislation designed to protect our children and teenagers from the growing threat of sexual extortion, often referred to as "sextortion."

 

Gavin’s Law (H. 3583) is legislation that makes sexual extortion, the act of blackmailing someone using sexually explicit images or videos, a felony offense.

A person convicted of felony sexual extortion must be imprisoned:

(1) not more than five years for a first offense;

(2) not more than ten years for a second offense;

(3) not more than twenty years for a third or subsequent offense.

 

A person commits the offense of aggravated felony sexual extortion if:

(a) the victim is a minor or a vulnerable adult and the person convicted of sexual extortion is an adult; or

(b) the victim suffers great bodily injury or death, and the finder of the fact finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the great bodily injury or death.

 

A person convicted of aggravated felony sexual extortion must be imprisoned not more than twenty years.

If the person convicted is a minor, then the person is guilty of misdemeanor sexual extortion and must be sentenced by the family court. The court may order as a condition of sentencing behavioral health counseling from an appropriate agency or provider.

 

Our Commitment to Safety

At our schools, the safety and well-being of our students are our top priorities. In accordance with Gavin's Law, we provide age-appropriate resources and lessons to help students recognize the warning signs of online predators and empower them to report suspicious activity immediately.

Resources

  • We encourage families to have open conversations about digital safety. If you or someone you know is being threatened online:

    1. Stop all communication with the individual.

    2. Do not delete messages or images; they are evidence.

    3. Tell a trusted adult (parent, teacher, or counselor) or contact local law enforcement.

     

    Important: No student should ever feel ashamed or alone if they are targeted.

    We are here to help and protect you.

    • Never share private or sexual photos with anyone, even people you trust.
    • Set your social media profiles to private and only accept requests from people you know in real life.
    • If someone threatens you or asks for more photos, stop responding immediately.
    • Save screenshots of any threats or suspicious messages as evidence.
    • Talk to a parent, teacher, or counselor if something online makes you feel uncomfortable or scared.
    • Understand that once a photo is sent, you lose control over where it goes.

  • Representative Brandon Guffey, father of the bill’s namesake, recorded the following messages:

    What is Gavin’s Law?

     

    Parent’s and Gavin’s Law

     

    How Should Elementary Schools Implement Gavin’s Law?

  • Gavin's Law Memo
  • Gavin's Law General Bill