Jump to content
Sign in to follow this  
TromboneAl

Questions Regarding Blackmail

Recommended Posts

Hi,

 

I'm a writer, and my next book will include a subplot concerning blackmail. Here are some questions I have:

 

1. My initial research tells me that in California, someone cannot be convicted of blackmail (comes under the extortion laws in California) unless the defendant consents to the defendant's demands. That is, if someone tries to blackmail you, but you don't pay up (by transferring either money or other thing of value), it's only attempted extortion. Is that right?

 

2. Let's say someone goes to an attorney and says he's received a blackmail threat. Might the attorney suggest that working with police, the person make the payment in order to convict the criminal of extortion (higher penalties)?

 

3. This website talks about a new law regarding sextortion: "The law, which takes effect Jan. 1, 2018, amends existing extortion law under California Penal Code Section 518 to make it a crime to use the threat of releasing private sexually explicit images as blackmail to demand the payment of money, performance of sexual acts or more sexually images." I don't see how that is any different from the existing definition of extortion.

 

Thanks!

 

Al

Share this post


Link to post
1 hour ago, TromboneAl said:

1. My initial research tells me that in California, someone cannot be convicted of blackmail (comes under the extortion laws in California) unless the defendant consents to the defendant's demands. That is, if someone tries to blackmail you, but you don't pay up (by transferring either money or other thing of value), it's only attempted extortion. Is that right?

 

1.  Has your research reviewed Penal Code 21a and 66?

PENAL CODE 21a.  

An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.

PENAL CODE 664.  

Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows:

(a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted.    .  . .

 

1 hour ago, TromboneAl said:

2. Let's say someone goes to an attorney and says he's received a blackmail threat. Might the attorney suggest that working with police, the person make the payment in order to convict the criminal of extortion (higher penalties)?

 

Why would you possibly think this would be either rare, unusual, or improper?  Have you heard the expressions "confidential informant" or "sting"?

 

 

 

 

Share this post


Link to post

BTW,  I have a story line for you:

 

A famous person announces his intent to run for high public office.  A woman advises the famous person's personal attorney that she will reveal that she had sex with the famous person while he was married but years before he announced his intention to run for private office.  The woman agrees she will not make the, probably damaging, announcement if the famous person agrees to pay her $130,000.  The famous person's lawyer makes the payment.  Later the woman's attorney sees the woman could have demanded way more money. So  he tells her to say the agreement she made was not valid and she wanted to tell  the whole world the famous person had had sex with her, but she also intended to keep the $130,000.

 

The main stream media suggested the famous person has committed a crime by paying the woman the $130,000 and he should be removed from his high office.  The words "extortion" or "blackmail" do not appear in any mainstream media reporting on the woman's demand for $130.000.

Share this post


Link to post

Sorry VA, you don't have the facts straight starting off with the woman contacting the famous person's attorney.  She didn't.  She was approached by the gossip rag run by the famous person's friend.  She wouldn't sell to them so the famous person couldn't run catch and kill through his publisher friend like he had before.  Famous person had his attorney contact her to pay her off to keep quiet.  It's not that the famous person paid her off, although that just makes him more of a sleaze since he also lied about it for months.  It's that the payments were made after he began running for office and he tried to cover them up by running through is attorney and not reporting them to federal elections. 

Share this post


Link to post

Why did the publisher initiate the offer to catch and release?  Regardless. The fact is she accepted the money in return for not revealing the interaction.  No matter how you cut it, she demanded $130,000 for not revealing a purely consensual sexual act.

Share this post


Link to post

No matter how you slice it, there's not much to choose between the two of them. Neither of them  is fit to hold any office or title.

Share this post


Link to post
4 hours ago, LegalwriterOne said:

It's not blackmail--his attorney initiated the negotiations. 

How do you know the attorney initiated the negotiations?  Are you ready to believe he just decided to call her and say, "My client says he had sex with you a few years ago and he's concerned about your revealing it to the press.  So, how about we pay you , say $130,000 dollars to keep it to yourself?"

Share this post


Link to post

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  
×
×
  • Create New...