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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is it considered illegal (either in the state of New York or

Customer Question

Is it considered illegal (either in the state of New York or federally) to threaten to send sexually explicit photos of a person to that person's employer unless certain other sexual acts are performed for the person making the threats? No monetary demands have been made.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 8 years ago.
The Federal laws and NY laws are similar and can be used, also if done without permission of the person it will also put that person in civil liability also

Federal obscenity laws prohibit among other things the Mailing of obscene matter [18 USC 1461]; Importation or use of a common carrier to transport obscene matter [18 USC 1462]; Interstate transportation of obscene matter [18 USC 1465]; and Wholesale & retail sale of obscene matter transported in interstate commerce (must be engaged in business of selling or transferring obscenity) [18 USC 1466]. Dealing in obscene matter is also a predicate offense under the federal RICO statute [18 USC 1961-1968].

The U.S. Attorneys (each state has at least one) enforce federal obscenity laws. Obscenity complaints can be made to your U.S. Attorney or nearest FBI field office (the FBI is the primary investigative agency) or, in appropriate cases, to a Postal Inspector (mailing) or Customs Inspector (importation).
NY obscenity

The procedures outlined above for enforcement of state obscenity laws can be adapted for federal obscenity laws. Since most pornographic videos are produced in California, there is a strong likelihood that federal obscenity laws will be violated when hardcore pornographic movies are shipped to a store in another state for sale there.

The advantages of federal enforcement are two-fold: first, penalties for violations of federal criminal obscenity laws are stronger than state penalties; second, U.S. Attorneys have the support of the Justice Department's Obscenity Prosecution Task Force.

U.S. Attorneys focus on businesses that distribute obscene materials in interstate commerce and businesses that engage in Larger-Scale intrastate distribution of obsce
Customer: replied 8 years ago.
I was particularly concerned about the "blackmail" aspect. The fact that he is demanding sexual favors in return for not sending these sexually explicit (but legal) photographs to an employer with the intent to embarrass and tarnish a reputation. Does the fact that he is demanding sex and not money still make his actions illegal and would the FBI be the primary law enforcment agency to contact-or would a local/state police dept be more appropriate??
Expert:  wallstreetesq replied 8 years ago.
Customer: replied 8 years ago.
Im sorry, perhaps i'm not being clear. Is it a crime (federal or NY state) to demand sex under threat of delivering these explicit photos to my employer? Is this extortion?
Expert:  Zoey_ JD replied 8 years ago.
In NYS, you have made out the elements of Coercion in the Second Degree, which is an A Misdemeanor.

Section 135.60 of the New York Penal Law:

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
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;
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


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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