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Coercion Related Questions

What is coercion?

Coercion is when a person forces another person to behave in a manner that is involuntary whether through action or inaction by use of intimidation or threats or other form of force or pressure. According to statutes in the law, coercion falls under a duress crime. These types of actions are used to get a victim to act in a desired way. Coercion may involve a person to use actual infliction of physical pain or injury or mental harm in order to make the threat more real for the victim. The person may threaten further harm to gain cooperation or obedience of the victim. The most extreme example of coercion is when the person uses torture by inflicting severe pain until the victim provides the desired action or information. Coercion can cause many complex questions; these questions can be answered when you contact the Experts.

If a person is charged with a sexual crime and the charges were dropped, can the person be charged with coercion if the main charges were dropped?

In most cases if the original charges of a sexual crime was dropped or dismissed, then there are no grounds for coercion to stand alone. If the sexual assault charges were dropped or dismissed then there is no main charge for the coercion charge to back up, making the charge of coercion null and void due to the primary charge not being there.

What is the difference between police pressure and coercion when they are interrogating a suspect?

When the police interrogate a suspect for a crime, they are allowed to pressure the suspect into a confession by claiming that they have evidence of the person’s guilt, regardless of whether this is true or not. When the police are interrogating a suspect, they are not allowed to get the suspect to confess by means of threatening or inflicting pain, torture, physical violence, the arrest of a family member, not allowing the suspect to have food, water, shelter, or sleep to the extent that the suspect is unable to make knowing decisions regarding the waiver of his/her Miranda rights or making a knowing and voluntary statement of guilt.

Is it a crime (federal or NY state) to demand sex under threat of delivering these explicit photos to a person’s employer and would this be considered extortion or coercion?

In the state of New York, this type of threat would be considered coercion in the 2nd degree. Section 135.60 of the New York Penal Code states, “Coercion in the second degree. A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will: 1. Cause physical injury to a person; or 2. Cause damage to property; or 3. Engage in other conduct constituting a crime; or 4. Accuse some person of a crime or cause criminal charges to be instituted against him; or 5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or 6. Cause a strike, boycott or other collective labor group action injurious to some person`s business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or 7. Testify or provide information or withhold testimony or information with respect to another`s legal claim or defense; or 8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or 9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships. Coercion in the second degree is a class A misdemeanor.”

In the state of New Mexico, is it legal for a person who is 24 to coerce a 17 year old into having a sexual relationship?

In the state of New Mexico, the age of consent is 17; therefore it is legal for the sexual relationship to take place as long as it is consensual. If the 24 year old is in a position of authority over the 17 year old and uses this position to gain the sexual relationship, then it would be considered coercion or if the 24 year old causes harm to the 17 year old to gain the sexual relationship or if the 24 year old uses force or a weapon to gain the sexual relationship.

When a person is forced to do something against his/her will due to force, whether it be mental or physical or through fear, this is considered coercion. When a person is accused of or the victim of coercion, he/she may have many unanswered questions or concerns that they need addressed. The Experts are available to assist in answering these questions or addressing these concerns.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2486
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Criminal Law Question Here...
characters left:
9 Criminal Lawyers are Online Now

How JustAnswer Works:

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Criminal Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 2479
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Nate
Lawyer
Satisfied Customers: 1716
Over 10 years of criminal defense practice.
P. Simmons
Lawyer
Satisfied Customers: 1588
16 yrs. of experience including criminal law.

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