Bradyn's Law could make sextortion a crime that carries murder felony charges

MADISON – During a hearing on April 23 regarding a bill aimed at increasing penalties for individuals convicted of sextortion, Representative John Spiros began to speak but momentarily halted, his voice choked with emotion.

Spiros, who leads the committee on criminal justice and public safety, chaired the hearing at the state Capitol. He aimed to make sure that besides this bill, school districts, schools, and parents were aware of the implications involved.

"There are individuals out there who prey on children with the intent to manipulate them, potentially even harm their lives, and they show no remorse—that's truly heartbreaking," stated Spiros, R-Marshfield, as he became emotional.

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The legislation in question has been dubbed Bradyn's Law in honor of 15-year-old Bradyn Bohn of Kronenwetter, On March 5, someone took their own life after enduring hours of harassment at the hands of a cybercriminal. The proposed legislation aims to impose stricter penalties on individuals convicted of sextortion. Additionally, it would qualify the victim’s family for financial assistance through the state Department of Justice's crime victim compensation program.

The legislation must still pass through both the Assembly and Senate before being sent to Governor Tony Evers’ desk. The aim of the hearing was to review and possibly adjust aspects of the bill prior to taking any formal legislative steps.

Should the law pass, Bohn's perpetrators could be charged with felony murder if caught and prosecuted in Wisconsin.

The bill was introduced by Representatives Patrick Snyder from Weston and Brent Jacobson from Mosinee. They developed this legislation alongside Attorney General Josh Kaul and the Wisconsin Department of Justice. Similar measures were enacted in states such as Kentucky and South Carolina, where new laws impose penalties ranging between 20 to 50 years for sextortion offenses linked to suicides.

"We’re still gathering information on this issue, but our aim is to convey a strong warning to those who might engage in such behavior, indicating that severe consequences will follow if their actions lead to someone taking their own life,” Snyder stated. “However, even without resulting in suicide, these acts can irreparably damage an individual’s life.”

For his part, Jacobson stated that writing the legislation will probably be "the most significant and fruitful endeavor I'll undertake in this role, even potentially including saving the life of my own child."

More: The quickest rising online crime in North America is sextortion. Below are some ways to protect your child from this threat.

The rapid escalation of sextortion as a cybercrime is particularly evident among children in North America.

Financial sextortion represents a type of child sexual abuse where individuals deceive minors into sharing explicit photographs or videos under false pretenses. These criminals then extort these victims by threatening to reveal the compromising material unless certain conditions are met, such as paying money, engaging in illicit acts, or producing more incriminating imagery.

During the hearing, Snyder highlighted alarming data related to financial sextortion, which is rapidly becoming the most prevalent form of cybercrime aimed at children, particularly adolescent males, across North America. From October 2021 through March 2023, both the FBI and Homeland Security Investigations recorded over 13,000 cases of reported online financial sextortion involving young people.

Brittney Bird, Bohn's mother, gave testimony during the hearing following questions posed by Snyder, Jacobson, and State Senator Jesse James, R-Thorp, to members of the Assembly. Among those present was Representative Jodi Emerson, D-Eau Claire, who expressed interest in supporting the bill. She sought clarification regarding the proposed statute of limitations, particularly concerning cases where individuals revisit past trauma—such as when they were sextortion victims 15 or 20 years ago—and subsequently take their lives due to these experiences.

Snyder mentioned that the statute of limitations would be four years; however, he stated he would leave the specifics to the Legislative Council.

Bradyn's Law would resemble the Len Bias Law.

Other individuals, such as Representative David Steffen from Howard who belongs to the Republican party, voiced concerns regarding the ability of courts to assign responsibility when one’s actions contribute to another person's suicide. They also questioned whether this could apply to analogous high-level felony situations.

Even though no specific instances sprang to mind, James, who moonlights as a law enforcement officer, referred to the Len Bias legislation. This legal provision enables prosecutors to pursue charges against individuals who provide drugs resulting in deadly overdoses.

"What’s happening right now is concerning. Is it unethical to proceed? The idea is similar, yet this situation is more severe as it affects children,” James stated.

Bird conveyed to the Assembly the harrowing sequence of events that culminated in her son's demise, as Luke Bird, her spouse, sat next to her displaying a photo of Bohn. Brittney Bird spoke about her son’s dreams of attending college, securing a steady job, getting married, having children, and owning dogs.

She told the Assembly about the last occasion she heard his laughter, which occurred during a drive back from her hair salon when he unexpectedly chuckled awake.

In the terrifying weeks following his demise, Bird has discovered information regarding the professional criminals who undergo training involving scripts designed to help them prey on teenagers aged between 14 and 17 years old.

They operate in teams. This is what they do for a living. Their role is to track down our children and blackmail them," Bird stated. "My boy gave them money, but they didn’t cease their actions.

A significant number of individuals responsible for such criminal acts reside abroad, making prosecution more challenging. However, after the inquiry is taken up by the FBI, it then moves on to be addressed in federal courts.

In an instance mentioned by James, the U.S. managed to to deport a Nigerian man who will be prosecuted For extorting Gavin Guffrey, a young person from South Carolina, this resulted in the teen taking their own life through suicide. In response to Guffrey’s tragic passing, South Carolina implemented Gavin's Law. Due to this legislation, Hassanbunhussein Abolore Lawal, who hails from Nigeria, could face imprisonment for life.

“I’m here to seek justice for Bradyn,” Bird stated. “We’re not going to let this happen again. The monsters will always exist, but now we have the chance to fight against them.”

Should you or anyone you know have knowledge regarding possible instances of child exploitation, please reach out to NCMEC via their website at report.cybertip.org or contact them by dialing 800-843-5678. Additionally, reports may be submitted through Speak Up, Speak Out (SUSO), which operates as a confidential statewide hotline available around-the-clock managed by the Department of Justice’s Office of School Safety. To file a report with SUSO, visit speakup.widoj.gov online, call 800-MY-SUSO-1 anytime, or send a text message containing "SUSO" to 738477.

Natalie Eilbert addresses mental health topics for the Milwaukee Journal Sentinel. She welcomes insights and responses from readers. Reach out to her at neilbert@gannett.com or check out her X (Twitter) profile at @natalie_eilbert .

The article was initially published in the Milwaukee Journal Sentinel. Bradyn's Law has the potential to classify sextortion as an offense punishable by felony murder charges.