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Extortion

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svck

Junior Member
What is the name of your state? California

My ex girlfriend filed a report with the local police department stating that I threatened to post nude photos of her on the internet if she didn't have sex with me. A detective called me today and took my side of the story. He said he was going to submit it to the DA and it was up to them wether or not to proceed. If I end up getting convicted for this even though I'm innocent what am I looking at? Does anyone know the violation code?
 


HomeGuru

Senior Member
svck said:
What is the name of your state? California

My ex girlfriend filed a report with the local police department stating that I threatened to post nude photos of her on the internet if she didn't have sex with me. A detective called me today and took my side of the story. He said he was going to submit it to the DA and it was up to them wether or not to proceed. If I end up getting convicted for this even though I'm innocent what am I looking at? Does anyone know the violation code?

**A: that is extortion especially if she is butt ugly.
 

svck

Junior Member
524. Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.


Money wasn't involved so where would the threat of posting nude photos fall under. Also does the judge HAVE to send you to prison for an amount of time under 1 year or could he/she give the defendant probation.
 

BelizeBreeze

Senior Member
Read the statute again and this time, stop playing attorney.

See the ...or other property ? A person's body, their likeness and their privacy have all been found to be property under various case law.

Money isn't the only thing that can be extorted.
 

svck

Junior Member
BelizeBreeze said:
Read the statute again and this time, stop playing attorney.

See the ...or other property ? A person's body, their likeness and their privacy have all been found to be property under various case law.

Money isn't the only thing that can be extorted.
Um I wasn't trying to play attorney. I came here for legal advice as I don't know anything about it.

Now I saw in another paragraph on that page about a 2 or 3 year jail term. Can someone break it down for me and tell me what kind of time and/or fine I could receive.
 

svck

Junior Member
520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.

"Or other property" - I didn't know sex was a property.
 

BelizeBreeze

Senior Member
svck said:
520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.

"Or other property" - I didn't know sex was a property.
Don't be a smartass.
 

svck

Junior Member
You know what "BelizeBreeze" **** OFF. I'm not trying to be a smartass. I'm being serious, so get lost troll!


Now, which one does this case fall under?

520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.

523. Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.

524. Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.
 
Why don't you ask your attorney?

If you cannot afford an attorney, one will be appointed to you by the court of law, free of charge.
 

TYRIS

Member
svck said:
You know what "BelizeBreeze" **** OFF. I'm not trying to be a smartass. I'm being serious, so get lost troll!


Now, which one does this case fall under?

520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.

523. Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.

524. Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.


-It could fall under either 520 or 524 PC. The difference is that 520 PC is a straight felony and 524 PC is a wobbler; meaning that it can be charged as either a felony or a misdemeanor. Personally I would charge it under the 520 PC section because it's the higher charge.

You have to ask the Officer you talked to. They will tell you what code section it was filed under.


Tyris
 

HomeGuru

Senior Member
svck said:
You know what "BelizeBreeze" **** OFF. I'm not trying to be a smartass. I'm being serious, so get lost troll!


Now, which one does this case fall under?

520. Every person who extorts any money or other property from
another, under circumstances not amounting to robbery or carjacking,
by means of force, or any threat, such as is mentioned in Section
519, shall be punished by imprisonment in the state prison for two,
three or four years.

523. Every person who, with intent to extort any money or other
property from another, sends or delivers to any person any letter or
other writing, whether subscribed or not, expressing or implying, or
adapted to imply, any threat such as is specified in Section 519, is
punishable in the same manner as if such money or property were
actually obtained by means of such threat.

524. Every person who attempts, by means of any threat, such as is
specified in Section 519 of this code, to extort money or other
property from another is punishable by imprisonment in the county
jail not longer than one year or in the state prison or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.

**A: now I know the answer.
 

Kane

Member
I'm not from CA, so keep that in mind. Threatening to post naked photos in exchange for sex sounds like a crime, but crimes are defined by statute, and by the courts. To find out whether sex is defined as "property" under the CA extortion statutes, you'd need to search the case law in CA. I doubt that you'll find anyone who's willing to do that for you here. Carl is the only one who might be able to help you, but I don't know that he has access to CA case law, or time to do it, even if he does. You really do need to talk to a real attorney in CA. I know that's not what you want to hear, but it's what you should do.
 

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