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Texas blackmail - if i didnt pay is it still a crime?

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TSJR00

Junior Member
My fiance's Ex boyfriend has threatened to smear my & her reputations with lies in a small town in Texas if I dont pay him $2500 we are both business owners and our reputations are important to producing income.
I read the Texas theft statute and it appears that i would actually have to pay him in order for a theft to be committed - am i reading this right?
Are there any other charges that can be brought just because of his threats if i don't pay him? I have his clear threats in writing & on audio recording.
Thanks
 


TSJR00

Junior Member
I haven't filed the report yet, I spoke with the detective that works white collar crimes and he hadn't worked a blackmail/extortion case before so wasn't able to give me specifics on what proof i needed.

I was hoping that the coercion/intimidation factor may open other avenues to file charges if theft wont work.

I don't want to write him a check & loose the money if he's not going to get charged.
 

Zigner

Senior Member, Non-Attorney
I thought my implication was clear: You need to report this to the police.
 

TSJR00

Junior Member
I'll finish the report and turn it in, I just wanted to be thorough with what i present to them. Thanks
 

eerelations

Senior Member
If you don't give him money it's not theft, it's either blackmail or attempted extortion. Both of these are illegal enough, so you don't have to give him any money, he has already violated the law. The police will handle it once you get your info to them. And after you get all your info to the police? If he contacts you again, you can just refer him to the cops. That'll probably stop him in his tracks.
 

quincy

Senior Member
A threat to say something if money is not paid is not blackmail or extortion and does not fall under Texas Penal Code Ann. §31.03. Here is a link: http://codes.lp.findlaw.com/txstatutes/PE/7/31/31.03

If the ex-boyfriend were to actually smear your reputation and the reputation of your fiancé with damaging falsehoods, then you could have a legal action to consider (defamation). But there is no way to prevent someone from speaking out to others.

Why does the ex-boyfriend want $2500 from you and your girlfriend? Why the threat?
 

tranquility

Senior Member
Why does the ex-boyfriend want $2500 from you and your girlfriend? Why the threat?
While I agree with the rest, this portion I agree with the most. There is more to the story and that "more" could really change the issue. I find it unlikely there is a random threat for a random reason against an ex simply to get money without something behind it.
 

quincy

Senior Member
A lot has been left unsaid, huh? :)

Based on what has been said so far, though, the ex-boyfriend has committed no crime and TSJR00 has no apparent legal recourse. Threatening to tell lies is not illegal.

It is sort of like a child saying, "I'm gonna tell dad you ate the last cookie if you don't give me that toy."

TSJR00 might want to consider blocking the ex-boyfriend's communications - and make note of the fact that paying for silence is no guarantee that lies won't be told anyway.
 

CavemanLawyer

Senior Member
Texas does not have an extortion statute. This type of activity does indeed fall under the 31.03 theft statute but it only amounts to an attempted theft if no money is given. Look at section 15.01 for what is required for an attempt. If you have his demands on recording I definitely think there is enough. Based on the dollar amount he is requesting this will end up being a class A misdemeanor if charged as an attempt. Any police agency worth anything would setup a simple sting where you would personally deliver the money/check while officers watched and/or recorded the event. If this ex-boyfriend accepts the money then he can be charged with a State Jail felony Theft and it'd be a pretty solid case.
 

quincy

Senior Member
Texas does not have an extortion statute. This type of activity does indeed fall under the 31.03 theft statute but it only amounts to an attempted theft if no money is given. Look at section 15.01 for what is required for an attempt. If you have his demands on recording I definitely think there is enough. Based on the dollar amount he is requesting this will end up being a class A misdemeanor if charged as an attempt. Any police agency worth anything would setup a simple sting where you would personally deliver the money/check while officers watched and/or recorded the event. If this ex-boyfriend accepts the money then he can be charged with a State Jail felony Theft and it'd be a pretty solid case.
I didn't think of attempted theft. Interesting.

Here is a link to Texas Penal Code, Section 15.01: http://law.justia.com/codes/texas/2005/pe/004.00.000015.00.html

Of course, you are basing attempted theft on the assumption that the $2500 is not actually owed to the ex-boyfriend and the threat not an attempt to collect on this debt. If legitimately owed, that sort of makes the pretty solid case not quite so solid. ;)

I still think more needs to be known. I agree with tranquility that demands for cash in the manner described here generally do not come out of nowhere.
 

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