Legal Question in Criminal Law in California

Re: Blackmail

I disagree with the other lawyers about extortion and "blackmail." Extortion only takes place where someone threatens to report a crime to the authorities--NOT TO A HUSBAND/WIFE/EMPLOYER/ETC.!

Over the years I have come to the conclusion that there is only one, sometimes 2, ways to deal with scum like this. Both are, of course, entirely legal and must be done by an attorney familiar with dealing with would-be blackmailers.

Joseph Shemaria, Esq.

800-501-1132

Re: Blackmail

Yes it is illegal, however, how to keep the matter discrete is the problem. Call me directly at (619) 222-3504.

Re: Blackmail

You must be under a lot of pressure. That is a very difficult situation for you. Please call me to discuss your legal options -323-655-7180 or 818-590-8294. Arthur Khachatourians, ESQ

Re: Blackmail

Demanding such money is blackmail, a crime you can report to police. Paying blackmail never ends up the way you want. But, almost anything you do, pay or not, report or not, will likely end up in public disclosure of the situation. You probably should 'bite the bullet' and disclose to your family now, rather than have them find out from someone else. Tough situation with no easy answers. Hope your family supports you.

Re: Blackmail

There are indeed laws against blackmail and extortion, and you can report this young man to the police. But I don't know whether doing so is a good idea.

The law does not consider the distinction between intercourse and oral sex terribly significant, so if you and he had such an encounter while he was still a minor you could end up in a *lot* of trouble. Performing oral sex on a minor is a serious crime and carries serious penalties -- including imprisonment, fines and a lifetime requirement that you register as a sex offender.

If you tell the police about the blackmail they will ask about the four times when you and this yound man had oral sex -- and they will specifically want to know how old he was at the time. If he was a minor then you will likely find yourself in worse trouble than he will.

Keep in mind, too, that your husband may find out about this no matter what you do. The police will probably want to talk to him if they suspect you of fellating a minor, and if they arrest and charge the young man you may be called to testify against him and there may be public records of your involvement in the case. The police will try not to tip off your husband if they beliueve that all of these encounters took place when the young man was of legal age but, even so, it may be difficult to keep him from finding out about it.

Then there is the risk that your friend will talk to your husband as he has threatened to do. While it is a crime to demand payment in exchange for his silence, there is no law against giving one spouse information which the other would want kept secret. Your young friend may very well expose you regardless of how you proceed. Turning him in could make him *more* likely to do so, since he will be angry and may decide to talk even if he was bluffing originally. Then again, if you give in and pay him for his silence, he may come back for more money time and time again.

You are under no obligation to pay the remaining $2,000, of course, but he is under no obligation to keep quiet whether you pay him or not.

You're in a difficult spot and I wish I could help make it easier for you, but you got into this mess willingly and there is only so much the law can do to protect you from the effects truthful information may have upon your marriage. And if you were having an affair with a minor, you have a lot more to worry about than just being blackmailed.