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Old 10-01-2011, 11:19 AM   #1
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Legal question for LEO'S

I figure this would be right up law enforcements field of expertise. Is threatening to do something if you are not cooperated with without making a clear threat blackmail? No monetary extortion or threats of physical harm or anything like that.


So what im asking is hinting towards a threat still blackmail?
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Old 10-01-2011, 11:23 AM   #2
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Not an officer of the law, but I'll give it a go.
Without precise details it would be hard to say, but an attorney can a lot of times twist simple little words into something of greater meaning. Laws are often based off of interpretation, so one man's interpretation may be different than anothers of how they were meant to be applied to such situations.
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Old 10-01-2011, 11:31 AM   #3
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Quote:
Originally Posted by 11B4X4 View Post
I figure this would be right up law enforcements field of expertise. Is threatening to do something if you are not cooperated with without making a clear threat blackmail? No monetary extortion or threats of physical harm or anything like that.


So what im asking is hinting towards a threat still blackmail?

Whats the context? If its involving being a witness in an official police investigation, there are some very serious issues there. If your sister is threatening to tell your girlfriend about that thing you did that one time at that place with that other girl unless you take her for a ride to her boyfriends...give her the ride dude.
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Old 10-01-2011, 11:37 AM   #4
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Old 10-01-2011, 11:46 AM   #5
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Would need to know the context? Is this a do it, or else? type thing. Try reading up on state laws. With such a vegue question it be anything or nothing.. Up here you could be touching on any number of charges depending on the situation from intimidation, threatening, mischief or extortion.

As a kid I was always told to use the Bell the Book and the Candle test.

Bell- When you think of it does it raise alarm bells? (yours seems to be)

Book- Does it brake any laws?

Candle- Will it stand up tp the light of the day?

If your situation fails one of these then it is probably wrong...
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Old 10-01-2011, 11:50 AM   #6
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Quote:
Originally Posted by elicitone View Post
Would need to know the context? Is this a do it, or else? type thing. Try reading up on state laws. With such a vegue question it be anything or nothing.. Up here you could be touching on any number of charges depending on the situation from intimidation, threatening, mischief or extortion.

As a kid I was always told to use the Bell the Book and the Candle test.

Bell- When you think of it does it raise alarm bells? (yours seems to be)

Book- Does it brake any laws?

Candle- Will it stand up tp the light of the day?

If your situation fails one of these then it is probably wrong...
Agreed.....
Quote:
Originally Posted by SAIRS View Post
Whats the context? If its involving being a witness in an official police investigation, there are some very serious issues there. If your sister is threatening to tell your girlfriend about that thing you did that one time at that place with that other girl unless you take her for a ride to her boyfriends...give her the ride dude.
But this......
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Old 10-01-2011, 12:05 PM   #7
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The 2011 Florida Statutes


Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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Old 10-01-2011, 12:06 PM   #8
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better yet


The 2011 Florida Statutes


Title XLVI
CRIMES
Chapter 836
DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES
View Entire Chapter
836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 42, sub-ch. 3, ch. 1637, 1868; RS 2420; GS 3261; RGS 5092; CGL 7194; s. 1, ch. 57-254; s. 991, ch. 71-136; s. 1307, ch. 97-102.
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Old 10-01-2011, 12:08 PM   #9
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Quote:
Originally Posted by tigerfan00 View Post
The 2011 Florida Statutes


Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Looks like you'd better reconsider the situation my friend.
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Old 10-01-2011, 12:39 PM   #10
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Definitely need some context.

*To the guy in front of you at the atm* "Give me all your money or I'll kill you" = robbery

*to a woman (or man)* "Have sex with me or I'm kill you"= attempted sexual assualt/rape

*To someone tresspassing on your property, refusing to leave* "Get off property or I'm going to kill you" = perfectly legal

So you see, the more than likely you're thinking of something where it'd be illegal, but without knowing the story, I can't tell you
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Old 10-01-2011, 03:46 PM   #11
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Quote:
Originally Posted by TacoTabe View Post
Definitely need some context.

*To the guy in front of you at the atm* "Give me all your money or I'll kill you" = robbery

*to a woman (or man)* "Have sex with me or I'm kill you"= attempted sexual assualt/rape

*To someone tresspassing on your property, refusing to leave* "Get off property or I'm going to kill you" = perfectly legal

So you see, the more than likely you're thinking of something where it'd be illegal, but without knowing the story, I can't tell you
Not entirely true in some states you cannot protect your property only you and other people. Example if somebody doesn't threaten you then you have to sit back and watch them steal you stuff. If you threaten them you could act get in more trouble. I swear. The key is convincing a jury you felt threatened.
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Old 10-01-2011, 03:54 PM   #12
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In Florida you have the right to protect your stuff. To the OP does not sound like an assault....I wll need more info. but, they need the ability to carry out thier threat. Like if they are standing in front of you in a fighting stance and they say "i'm gonna kick your a@@. That is a criminal assault. There is a fine line between criminal asault and freedom of speech. One has to be careful. The line being the ability to carry out that threat.
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Old 10-01-2011, 03:56 PM   #13
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i'd agree...assault was just my initial thought...but Florida 836.05 seems to fit for the limited info the OP gave
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Old 10-03-2011, 09:24 AM   #14
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Ok, all of this is in reference to an email. The sender of the email wants some paperwork sign (nothing illegal about the paperwork) and the recipient has procrastinated on it for over a year. Here is the text of the email.

"Ok name, I'm done playing with you. If i don't have that paperwork in my hands by this date you will regret not cooperating with me.
i'm not asking you to pay anything. all i want is for you to sign it and get it to me.
Ok
Don't fuck with me....(PIcs)(Pics)(Pics)"

So blackmail?
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Old 10-03-2011, 09:29 AM   #15
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Quote:
Originally Posted by 11B4X4 View Post
Ok, all of this is in reference to an email. The sender of the email wants some paperwork sign (nothing illegal about the paperwork) and the recipient has procrastinated on it for over a year. Here is the text of the email.

"Ok name, I'm done playing with you. If i don't have that paperwork in my hands by this date you will regret not cooperating with me.
i'm not asking you to pay anything. all i want is for you to sign it and get it to me.
Ok
Don't fuck with me....(PIcs)(Pics)(Pics)"

So blackmail?
No, just an open ended statement. You didn't threaten anything in my opinion (assuming the pics you reference aren't blackmail worthy). Also, not a constructive e-mail in my opinion either. You should have stated what your next step would be if they didn't sign, like legal action if any or whatever the case may be.
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Old 10-03-2011, 09:58 AM   #16
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Quote:
Originally Posted by Pugga View Post
No, just an open ended statement. You didn't threaten anything in my opinion (assuming the pics you reference aren't blackmail worthy). Also, not a constructive e-mail in my opinion either. You should have stated what your next step would be if they didn't sign, like legal action if any or whatever the case may be.
I never said that i was the sender. I'm just getting opinions if this is a situation legal action could be taken on.
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Old 10-03-2011, 09:58 AM   #17
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Agreed nothing illegal. But looks like a messy divorce. And the sender will regret that email in civil court where the only thing that matters is the judges mood. Lol
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Old 10-03-2011, 10:02 AM   #18
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At this point you need to contact a lawyer

Legal advice cannot be dispensed by anyone but an attorney
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Old 10-03-2011, 10:02 AM   #19
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Sorry forgot to mention the caviet. If the pics mentioned are say, nude or sex pics or are in some way defamating. and the sender has previously made reff to leaking them. Then the open ended statement could be viewed as threatening in nature.
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Old 10-03-2011, 10:49 AM   #20
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Quote:
Originally Posted by tigerfan00 View Post
At this point you need to contact a lawyer

Legal advice cannot be dispensed by anyone but an attorney

True, but opinions can can be given by anybody. Thats all i'm looking for right now.
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