Legal Question in Criminal Law in Mississippi

Blackmail

I have a friend that is going through a divorce. I have photographs and letters that prove that his wife is having an affair with a coworker. Can I be charged with ''blackmail'' if I confront the wife and let her know that I have this information and will turn it over to her husband if she tries to fight him for custody of their 12 year old son?


Asked on 2/06/09, 11:18 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

Re: Blackmail

Any person can charge anyone else with a crime at any time with or without valid grounds. The more pertinent issue seems to be whether or not this proposed conduct is "legal" and it is probable that it is, because there is nothing of value to be obtained by you in exchange for the disclosure; and the truth is that you are disclosing true facts which were apparently observed in public (photos). The more prudent action may be to go to the husband/father and tell him that should she contest the custody arrangement he should contact you for information which would assist him in securing full and paramount physical custody of the child. In that manner you are once again asking for no "reward" or compensation for disclosure of public materials. Further there is no threat to the husband in the process. It is strongly suggested that you confirm these facts with the Attorney of your choice to be absolutely sure there are no subtle facts omitted from your question which would result in a different opinion.

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Answered on 2/08/09, 2:33 am


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