Legal Question in Criminal Law in Florida
Blackmail
My ex b/f has a sex tape of me and him and I want it back. He lives in Chicago, IL and I live in Miami, FL. This was a long distance relationship. Since we broke it off, he doesn't want to give me the tape or destroy it. And he told me that he threw it away a while ago and now that we aren't speaking as friends anymore, his last words to me was '' I still have your video''. I feel threatened and blackmail since I don't want anything to do with him. And I want to know if there is something I can do about this? Like sending him to court?
1 Answer from Attorneys
Re: Blackmail
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
His comments do not come close to blackmail. If anything it is a veiled threat at the worst. Without more, there may be little you can do. You might wish to file a lawsuit for injunctive relief to prohibit him from sharing the tape with anyone. It is also possible that a suit could be filed demanding him to return the tape to you due to its sensitive nature. Of course, if he is in the tape too, he would have the same rights to it as you might.
Scott R. Jay, Esq.
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