Legal Question in Criminal Law in Pennsylvania

Re: Blackmail

Although you think you are entitled to a number of different things, under your facts, if you were not married, no court will share your sense of entitlement. Indeed, if you were not married, there was no legal restraint keeping you in the relationship. You should know that blackmail is illegal, as is extortion, in the Commonwealth of Pennsylvania--though proof of the same can be very difficult, as the line between negotiation and blackmail may be blurry. Good luck.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

Re: Blackmail

The statute defining extortion in Pennsylvania provides:

"� 3923. Theft by extortion

(a) OFFENSE DEFINED. --A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to:

(1) commit another criminal offense;

(2) accuse anyone of a criminal offense;

(3) expose any secret tending to subject any person to hatred, contempt

or ridicule;

(4) take or withhold action as an official, or cause an official to

take or withhold action;

(5) bring about or continue a strike, boycott or other collective

unofficial action, if the property is not demanded or received for the

benefit of the group in whose interest the actor purports to act;

(6) testify or provide information or withhold testimony or information

with respect to the legal claim or defense of another; or

(7) inflict any other harm which would not benefit the actor.

(b) DEFENSES. --It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (4) of this section that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services."

You would most likely have a defense since you are claiming the money as compensation for lawful services but if you came to me for advice, I would advise you against it. If a criminal case was brought against you it would cost you a lot more than you would be likely to get. Also, if you cause him to lose his job he won't have any money to pay you. But if he's smoking crack and driving a semi, that's a pretty dangerous combination for the public and you should consider turning him in anyway.