Does this constitute blackmail or extortion?

[Aef1980]

What is the name of your state NC (only U.S. law)? I have a question about blackmail and extortion.

We stayed with a friend of ours for five weeks( No written or verbal on that we had to pay rent ). We gave that friend $200.00 for half the electric and water bills. That person is demanding that we pay another $200.00 or she is going to call Child Protective Services on us for giving our children Melatonin (A natural over the counter Vitamin).

Does this constitute blackmail or extortion?

Thanks in advance

 

[Proserpina]

What is the name of your state NC (only U.S. law)? I have a question about blackmail and extortion.

We stayed with a friend of ours for five weeks( No written or verbal on that we had to pay rent ). We gave that friend $200.00 for half the electric and water bills. That person is demanding that we pay another $200.00 or she is going to call Child Protective Services on us for giving our children Melatonin (A natural over the counter Vitamin).

Does this constitute blackmail or extortion?

Thanks in advance

Ignore this person and stop taking her calls. While the jury appears to still be out in terms of giving melatonin to children, it's not illegal to do so and if that's the best she can come up with I heavily doubt she's going to follow through on any threat. Even if she did, what is CPS going to find? Parents who may use melatonin once in awhile?

And if she was so concerned, why didn't she do anything before now?

See where I'm going with this?

 

[quincy]

What is the name of your state NC (only U.S. law)? I have a question about blackmail and extortion.

We stayed with a friend of ours for five weeks( No written or verbal on that we had to pay rent ). We gave that friend $200.00 for half the electric and water bills. That person is demanding that we pay another $200.00 or she is going to call Child Protective Services on us for giving our children Melatonin (A natural over the counter Vitamin).

Does this constitute blackmail or extortion?

Thanks in advance

Blackmail is the unlawful demand of money (or property) under threat to harm. There may not be anything unlawful, though, with your friend's demand to be compensated for expenses incurred by her on your behalf when you were residing in her home.

And, if you give your children melatonin and a child can be harmed by melatonin (I haven't checked to see if this is the case), a report to CPS could be justified, whether or not you pay your friend.

Blackmail is often found as part of a state's extortion or criminal coercion statute. What you describe does not sound to me to be either blackmail or extortion (which involves the wrongful use of force).

Is there any reason why you do not want to pay your friend for the five weeks you and your children spent living with her? Did you help out at all with other expenses (food, rent)?


edit to add: I defer to Proserpina on the melatonin, who knows more about it than I do.

 

[sandyclaus]

What is the name of your state NC (only U.S. law)? I have a question about blackmail and extortion.

We stayed with a friend of ours for five weeks( No written or verbal on that we had to pay rent ). We gave that friend $200.00 for half the electric and water bills. That person is demanding that we pay another $200.00 or she is going to call Child Protective Services on us for giving our children Melatonin (A natural over the counter Vitamin).

Does this constitute blackmail or extortion?

Thanks in advance

Um, melatonin is NOT a vitamin. It is a hormone, and it has varying effects on people who take it - including children. While it is commonly marketed as a sleep aid, the FDA has not approved the supplement for that use at all. There are some doctors who say that the hormone can cause other problems - especially in children. The concern about using melatonin for children is that its effects on the body go beyond sleep. It also plays a role in the way a person's body matures sexually. Melatonin levels have an impact on how the ovaries and testes function. Further study is needed to determine if taking melatonin during childhood or the teen years can have an impact on a person's sexual development.

 

[Proserpina]

Um, melatonin is NOT a vitamin. It is a hormone, and it has varying effects on people who take it - including children. While it is commonly marketed as a sleep aid, the FDA has not approved the supplement for that use at all. There are some doctors who say that the hormone can cause other problems - especially in children. The concern about using melatonin for children is that its effects on the body go beyond sleep. It also plays a role in the way a person's body matures sexually. Melatonin levels have an impact on how the ovaries and testes function. Further study is needed to determine if taking melatonin during childhood or the teen years can have an impact on a person's sexual development.

Just a little thingy - supplements do not need FDA approval in order to be sold.

http://www.fda.gov/food/dietarysupplements/

 

[OHRoadwarrior]

All the excellent info and commentary has provided a wealth of info. I would like to add melatonin comes in dosing from 500micrograms to 3 mgs or in liquid form. The dose given could have been negligible or profound (9mg). Though I am aware you need the money, your friend tried to help and the situation went south. Accept that the friendship is over and crap happens. I think it is absurd on her part and selfish on yours to have gone down this road. Be the adult and let it go.

 

[Aef1980]

Blackmail is the unlawful demand of money (or property) under threat to harm. There may not be anything unlawful, though, with your friend's demand to be compensated for expenses incurred by her on your behalf when you were residing in her home.

And, if you give your children melatonin and a child can be harmed by melatonin (I haven't checked to see if this is the case), a report to CPS could be justified, whether or not you pay your friend.

Blackmail is often found as part of a state's extortion or criminal coercion statute. What you describe does not sound to me to be either blackmail or extortion (which involves the wrongful use of force).

Is there any reason why you do not want to pay your friend for the five weeks you and your children spent living with her? Did you help out at all with other expenses (food, rent)?


edit to add: I defer to Proserpina on the melatonin, who knows more about it than I do.

We did pay the person our half of the bills. She did not state that we needed to pay rent. We actually paid over the amount of the bills that were incurred while we stayed there(i.e. electric and water) . We bought all of our food.

 

[quincy]

We did pay the person our half of the bills. She did not state that we needed to pay rent. We actually paid over the amount of the bills that were incurred while we stayed there(i.e. electric and water) . We bought all of our food.

It appears you have met the unspoken obligations to your friend, by helping with bills and paying for your own food. If she offered you a place to stay, with no written or oral agreement that you assist with the rent payments or anything else, then you should be safe in ignoring her demands for additional money.

If you are comfortable giving your children a legal supplement, there is probably little CPS can or will do about any report filed by your friend (if your friend, in fact, takes that step). Because of the information provided by others on melatonin, however, I certainly hope you have checked with your children's pediatrician on your use of it and that your pediatrician is carefully monitoring your children. Although I don't know why you are providing this supplement, it seems to me an unnecessary risk to give it to children.

At any rate, I do not see this as a matter needing attorney involvement. With luck, you and your friend can find a way to preserve your friendship by handling the money issue in a reasoned manner.

Good luck.