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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12326
Experience:  Attorney
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My ex wife has nude pictures of me and says she will expose

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My ex wife has nude pictures of me and says she will expose them to family and friends if don't continue to date my girlfriend and have her around our daughter.

Brandon M. :

Hello there.

Brandon M. :

Thank you for explaining your situation. I understand what has happened, but I do not want to assume that I understand the question. How can I help?

Customer: My ex wife is bitter and doesn't want me seeing my live in girlfriend and doesn't want her around our daughter. She just sent me a text saying if I will continue to see her and have her around our daughter she will send naked pics of me to my family and friends
Customer: Is this blackmail?
Brandon M. :

In which state is this occurring?

Customer: Texas
Brandon M. :

Thank you---one moment while I pull up the statute so you can understand my explanation...

Customer: Ok
Brandon M. :

Texas Penal Code § 432.162. EXTORTION. A person subject to this chapter who communicates threats to another person with the intent to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial directs.

Customer: So what should I do
Brandon M. :

I apologize... that is actually found in the Texas Government Code, not Texas Penal Code.

Customer: I have the text saved
Brandon M. :

Well, when being blackmailed/extorted, the victim basically has a choice--they can either submit to the blackmailer, or they can turn the matter over to law enforcement and risk the threatened exposure.

Brandon M. :

It is a serious offense, so the consequences are significant for the person making the threat--does your ex-wife understand the gravity of what she has done?

Customer: No she has not
Customer: Even though she is not asking for money or anything tangible she can still get in trouble?
Customer: I never replied back to her text
Customer: The bad thing about it we have been diVorced for 4 years and she is marked with a new born child
Brandon M. :

Included in the definition of extortion is a threat "with the intent to obtain anything of value or... advantage". I can't say whether this would constitute extortion, but I will also direct you to the Penal Code section for criminal harassment, 42.07:

Customer: Married
Customer: So how should I go about handling this?
Brandon M. :

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:

(1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

Customer: Go to cops?
Customer: Or get a lawyer
Brandon M. :

So, where someone is threatening to release nude pictures, you would expect it to constitute extortion, criminal harassment, or both, depending on the situation. Even if the question of "advantage" has some doubt for the purpose of an extortion claim, you can see how a threat like that would fit the definition of criminal harassment very well.

Brandon M. :

How to proceed is really your decision, but if you think she does not realize the seriousness of her threat, it might be a good idea to have an attorney just tell her.

Brandon M. :

It would be a sort of mutually assured destruction--she doesn't release the photos, and you don't take her threat to the police.

Brandon M. :

I would just recommend having an attorney handle that communication if you believe it is right for your situation, lest you do not accidentally commit the crime of criminal harassment yourself.

Brandon M. :

If that option is off the table, the remaining options are typically either to give in to the request, or go to the police. Personally, I would probably go to the police if trying to reason with the ex-wife did not work.

Brandon M. :

Does that make sense?

Customer: Yes it did. Thanks for your help
Brandon M. :

Great. Did you have any other questions?

Customer: is there any way I can email this conversation to myself?
Brandon M. :

You can highlight it, and use your right mouse key to copy and paste. You can also [email protected] and ask them to send a copy.

Customer: I'm on my iPad and it won't let me
Brandon M. :

Can you [email protected]?

Brandon M. :

Let me know if further clarification is needed, and please remember to leave a positive rating once you are finished; it does not cost anything extra to leave a positive rating, and it is the only way I may be compensated for my time. Thanks.

Customer: Thanks
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