Legal Question in Criminal Law in New York

Re: Is this extortion?

Want to read some law? Penal Law?

S 135.60 Coercion in the second degree.

A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a

fear that, if the demand is not complied with, the actor or another will:

1. Cause physical injury to a person; or

2. Cause damage to property; or

3. Engage in other conduct constituting a crime; or

4. Accuse some person of a crime or cause criminal charges to be instituted against him; or

5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;

or

6. Cause a strike, boycott or other collective labor group action injurious to some person`s business; except that such a threat shall not

be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or

7. Testify or provide information or withhold testimony or information with respect to another`s legal claim or defense; or

8. Use or abuse his position as a public servant by performing some

act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person

adversely; or

9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with

respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion in the second degree is a class A misdemeanor.

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