I am trying to understand what its "newness" has to do with anything. Most crimes are not new, but we still prosecute. It sounds to me like you are suggesting that criminal justice is (or should be) based on how it would look as a CSI episode. (Sorry, simple blackmail is too bland a plot we can't prosecute, the audience will just sleep through it. Make it more fresh, have a twist at the end, something 'new').