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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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Is it blackmail/illegal to send this to my ex girlfriend

Customer Question

Is it blackmail/illegal to send this to my ex girlfriend (person B, who is friends with person A) who won't talk to me?... ""In September, person A took molly in Santa Barbara and was rolling so hard that she worked up all her courage and decided to tell me that her boy friend gave her herpes. -person B's cheated on, mistreated ex-boyfriend." It would be unfortunate if all of person A's Facebook friends received this message. Needless to say, it's not a good idea to block me or tell anyone about this. How about u call me right now."
Also, when I'm on the phone, I want to tell her to see a therapist with me, do I have to be careful with saying, if u don't see a therapist with me, then I will send it? or is that completely legal?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

You are looking at both potential criminal actions (although this may be very tenuous (unlikely)) - see: http://statelaws.findlaw.com/california-law/california-extortion-laws.html), and civil causes of action for defamation (much more likely) - see: http://www.dmlp.org/legal-guide/california-defamation-law.

As a practical matter - sending a threat such as this to simply force another person to call you is not a very wise course of action.

Threatening someone to go see a therapist or you will send your proposed email is almost certainly going to result in action against you (potentially even get you a civil restraining order being taken out against you (if I were counsel for the individual you are threatening, I would definitely recommend it) - this can result in ongoing problems for you, including taking away your right to own firearms, requiring you to disclose this in future legal proceedings (as well as applications for jobs and licensing - far into the future).

I cannot provide you formal legal advice or instruction on this forum, but I think you may want to reconsider this email (you probably are already doing so - hence asking the question). Do not threaten people like this - it will never result in the action that you are hoping for, and very likely will end badly for you.

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