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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16787
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was blackmailed by a guy who has naked pictures of me. He

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I was blackmailed by a guy who has naked pictures of me. He had them on his website. In order to get them down, he offered me 3 choices; 1) have sex with him, 2) pay him $10K - $100K, or 3) send him new private pictures. I didn’t know what to do, and he manipulated me into sending him new pictures. What’s even worse is he put a perpetuity clause in the agreement, that I didn’t understand and asked for clarification and got none but he let me continue- which made the agreement impossible (send him pictures every 3 months for the rest of my life). So after he made me send him 1,000 pictures and 7 videos, he cancelled everything because I couldn’t fulfill the terms of perpetuity. After he got the new pictures out of me, he blackmailed me for $10,000 that I was supposed to pay by Dec 31, 2009 if I wanted him to take down my pictures. I didn’t pay him after seeing how deceitful he was so he woke up on New Year’s Day 2010 and emailed me at 8 a.m. to tell me my times up and he is now heavily distributing the private content with my real name to show the whole world how much of a whore I am since I didn’t pay him. I wasn’t able to get him prosecuted before since the case was complex, across state lines, and because he was very sneaky and clever in making sure he would get away with it. He succeeded since I gave up after months and months of trying to get the authorities to punish him and trying to get an attorney to help me. At one point, an FDLE Special Agent was seeing if he could charge him with extortion. He met all criteria excluding one factor; the first pictures were “technically” his property since he took them with his camera and I signed a release. However, the Special Agent read the entire case and agreed his behavior was outrageous and disturbing. After speaking with his supervisors, he informed me at that time they couldn’t charge him. The Special Agent suggested if he tried to blackmail me again that it might be beneficial to set him up. And that was the end of it Jan 2010, and so I basically gave up and hoped I’d never hear from him again. Instead I tried to get myself better because he severely damaged my mental state. After being in therapy for over a year for this, I recently had to stop going because I can’t afford the weekly sessions anymore. I’ve been on medication since this incident and luckily can still afford my prescriptions.Now almost a year and three months later, he is threatening me again and trying to blackmailing me again! I haven't spoken to him since before the last time he threatened me, 1/1/10. I just want him to leave me alone! However, to my disappointment, he emailed me the following on Thursday, 2/24/11: "I've been thinking a lot lately? about how everything turned out between us. If you're interested in trying to work out another deal let me know. Maybe we can part ways peacefully if we give it another try and you can rest easy without having to worry your son will see your pics on some website someday. Just wanted to reach out to you and I hope you are well. Rich" He is definitely implying that if I don't make another deal with him, he is going to put my pictures on “some website”. He is trying to blackmail me into another deal. And the pictures he is referring to include the ones he previously obtained through blackmail, therefore, aren't even legally his to post, since they were taken on “my camera and are my property” – and the original pictures he had of me, he promised he would never sell. I DON'T KNOW WHAT TO DO!! Can he be charged with a criminal offense of extortion at this point, now that he is contacting me again to make another deal? If I were to set him up, now would be my opportunity. I could reply and ask what he wants and go along with it. Please let me know what you recommend!
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello Jacustomer,

This is a new go-round so you ought to be able to report it afresh. Do not continue to correspond with him. Since the offensive communication is interstate and is coming to you via the computer, report the offense to the FBI's Computer Complaint Division.

Federal interstate stalking and harassment is also a crime.18 U.S.C. § 2261A Here are other Federal stalking/harassment offenses. The FBI has a complaint line for interstate stalking: (NNN) NNN-NNNN You can report this as well to the US Attorney's office in your judicial district.

While you're at it, report the new activity to your local police too, just to go on record, and for your safety if he were ever to turn up.
Customer: replied 3 years ago.

Thank you for your response. I am still unclear about somethings though. I am aware that there might be criminal charges, but probably not. I am wondering if I have a civil suit against him, and if so what kind of attorney? What would I sue for? Your advising me not to contact him, but he's a pyschopath and expects a reply at some point. Also, since he was able to manipulate me and the system before, maybe I can get the upper hand for once by getting to blackmail me again (with the cops involved on my end, of course). I was thinking about asking him what he is offering and then getting him to say he wants me to do ___ for all the pictures, including the private ones. Really, how can I get him to stop posting my pictures on the internet and ruining my life?

Expert:  Zoey_ JD replied 3 years ago.
Hello,

You asked about a criminal matter. I've responded as to what you can do. If he's arrested this will certainly stop him, and likely for quite a while. I understand that you believe he is a psychopath. All the more reason to cut off all contact from your side.

If you wish to pursue civil remedies, you would need a personal injury lawyer for a case of this type. If you wanted to confer with a personal injury lawyer you could get a low cost referral to one through the Florida State Bar Association's lawyer referral service . The referral fee would cost you and the fee of $50 or less and includes a half hour consultation with the attorney. There would be no obligation to retain the lawyer if you don't want to after the consultation, but he could give you an idea of whether your suit was viable and what it would cost you in legal fees to it.

The good thing about prosecuting is that the government provides your lawyer, and you don't have to pay to get your interest represented.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16787
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 9 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Just one last quick thing if you don't mind. When you said if he's prosecuted, the government will provide me a lawyer, but that's only for the criminal side , right, and not to represent my civil case?
Expert:  Zoey_ JD replied 3 years ago.
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