I'm asking on behalf of my niece who has a 12-year old daughter on an elitist Nike soccar team. (She is married and has two other children.) She has had problems in her marriage and recently became somewhat involved with the coach of the team - more a friendship than an affair. Someone became aware of this and took pictures of her car in a parking lot near where he lives (along with times the pictures were taken) - also pictures of his car in the parking garage where he lives - and pictures of her leaving his condo building early the following morning. This person, via anonymous e-mail, demanded the coach's immediate resignation or the pictures would be distributed to others in the soccar association. As no action was taken, the pictures were e-mailed to a large number of people including "higher-ups" nationally. My niece's husband was aware of this relationship but her children were not. Now they have had to become involved also. I believe this is blackmail and defamation of character. Is this something she could report to police as a crime - or sue for personal damages? Also, she's quite devastated right now and might be afraid of pursuing it. Is this something I could report as a criminal act if she doesn't? I have a copy of the e-mail and don't think this is something that should be allowed to happen. Your insight would be much appreciated.Thank you.
State/Country relating to question: Colorado
Nothing - incident just happened yesterday - looking for information
Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney here to assist you.Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. It is a form of extortion. The act is a crime by demanding money or compelling someone to act against their will or gaining or attempting to gain something of value. The following is a Colorado statute:18-3-207. Criminal extortion— aggravated extortion.(1) A person commits criminal extortion if:(a) The person, without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship or bodily injury to, or damage the property or reputation of, the threatened person or another person; and(b) The person threatens to cause the results described in paragraph (a) of this subsection (1) by:(I) Performing or causing an unlawful act to be performed; or(II) Invoking action by a third party, including but not limited to, the state or any of its political subdivisions, whose interests are not substantially related to the interests pursued by the person making the threat.(1.5) A person commits criminal extortion if the person, with the intent to induce another person against that other person's will to give the person money or another item of value, threatens to report to law enforcement officials the immigration status of the threatened person or another person.(2) A person commits aggravated criminal extortion if, in addition to the acts described in subsection (1) of this section, the person threatens to cause the results described in paragraph (a) of subsection (1) of this section by means of chemical, biological, or harmful radioactive agents, weapons, or poison.(3) For the purposes of this section, "substantial threat" means a threat that is reasonably likely to induce a belief that the threat will be carried out and is one that threatens that significant confinement, restraint, injury, or damage will occur.(4) Criminal extortion, as described in subsections (1) and (1.5) of this section, is a class 4 Felony. Aggravated criminal extortion, as described in subsection (2) of this section, is a class 3 felony.Thus, it is possible that an extortion claim could be filed under the above statute. However, defamation is not likely a viable cause of action if the allegations are true. There wouldn't be anything that you or your niece could file. Instead, the coach would have to seek to file charges.
If the coach were to decide to pursue this, would he file a complaint with the police department or would he have to retain an attorney?
He would need to speak to the local prosecutor's office about filing charges - he would not need a private attorney
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