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Barrister
Barrister, Attorney
Category: Personal Injury Law
Satisfied Customers: 34319
Experience:  Attorney with 16 years litigation experience
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A friend of mine was seeing an escort and now she is

Customer Question

a friend of mine was seeing an escort and now she is threatening him with going to his wife if he doesn't continue giving her money. how can he stop this with least amount of damage to him
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Since she is trying to force him against his will to give her money, he could file a criminal complaint for felony extortion under the Colorado Revised Code 18-3-207. Criminal extortion, which states:

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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.

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If she exposed this information, he could have a cause of action for publication of private information. Elements of the tort include (1) publication, (2) absent any waiver or privilege, (3) of private matters in which the public has no legitimate concern, (4) so as to bring shame or humiliation to a person of ordinary sensibilities.

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The Restatement (Second) of Torts, § 652D, at 383 (1977), articulates the tort of public disclosure of private facts by stating that "(o)ne who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public."

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He would need to contact a local civil litigation attorney to discuss the case and what type of damages he could sue for. Since this was a willful act, it is likely that punitive damages would apply to set an example for this behavior and discourage future similar conduct.

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But as for just paying her off some amount to get her to stop, that never happens as it is like paying a drug addict with more drugs to go away.

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So he can tell her that he will file felony extortion charges against her should she choose to disclose this information publicly as well as sue her civilly for everything she owns... Then the ball is in her court as to whether to risk being charged with a felony or just to move on to the next victim..

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thanks

Barrister