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Blackmail Complaint...

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1 Blackmail Complaint... on Sun Jul 08, 2012 8:36 am

mdventura


Reclusion Temporal
Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. It is a form of extortion. Because the information is usually substantially true, it is not revealing the information that is criminal, but demanding money to withhold it. Blackmail has been defined in the broad sense to mean "compelling someone to act against their will or gaining or attempting to gain something of value." Courts vary on interpreting what "something of value" includes, but it is not necessarily a money payment in all cases. A criminal complaint is typically filed with the local police department or prosecutor's office.

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.

'Blackmail' would fall under the crime classification of EXTORTION and would be punished according the penalty for that particular crime in whatever state it is you live in.



Last edited by mdventura on Sun Jul 08, 2012 8:49 am; edited 1 time in total (Reason for editing : Additional info)

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2 Section 10 of the Libel Law (Act No. 277) on Sun Jul 08, 2012 5:23 pm

mdventura


Reclusion Temporal
Section 10 of the Libel Law (Act No. 277) is as follows:

Every person who threatens another to publish a libel concerning him, or any parent, husband, wife, or child of such person, or any member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, shall be punished by a fine of not exceeding one thousand dollars or by imprisonment for not exceeding six months, or both.

The section above quoted contemplates two offenses, one which we may denominate "a threat to publish a libel," and the other, "an offer to prevent the publication of a libel." A reading of the section further discloses that we have in Philippine criminal law a provision, which finds no counterpart, as far as a rather extensive investigation discloses, in the laws of any other country. The crime, which we here call " a threat to publish a label, is punished" in the United States and Great Britain by the law penalizing blackmailing and extortion.

In common parlance, blackmail and extortion are synonimous, although the latter term may have the wider signification. Blackmail, in its metaphorical sense, may be defined as any unlawful extortion of money by an appeal to the fears of the victim, especially extortion of money by threats of accusation or exposure. Two words are expressive of the crime — hush money. The gravamen of the offense is the intent to extort money or other thing of value. The extortion is committed by obtaining property from another without his consent, induced by wrongful use of fear. The end is the same as in crimes against property, but the means employed are different. Indeed, certain classes of threatening letters have been held in the United States when followed by extortion to constitute robbery.

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3 Re: Blackmail Complaint... on Tue Jul 10, 2012 5:11 am

attyLLL


moderator
md, imo, facing the challenge of a criminal charge, whether true or not, is not as horrible as letting your children grow up in the hands of others.


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4 Re: Blackmail Complaint... on Tue Jul 10, 2012 5:25 am

mdventura


Reclusion Temporal
OMG! Attorney, I already told you I am not married and no children yet! Razz I know I am 38 but don't worry I am already engaged! bounce

This is my friend's own family. And they are not other people it is her own parents and she is maintaining them lots of money for years gave them everything where would she leave her children? With the pusher? Who never maintain her children and has no future? She has to work abroad and support them. How could it be horrible? The thing is they are not contented and are ungrateful people! they think when people are working abroad they have mines of gold or just picking up dollars on the street! Mad
Sorry to say but apparently, they sounds rather more scroungers to me!

attyLLL wrote:md, imo, facing the challenge of a criminal charge, whether true or not, is not as horrible as letting your children grow up in the hands of others.

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Sharuna


Arresto Menor
Ask ko lang po kz ang kapatid ko ay sinugod sa bahay ng kapitbahay, pumasok dun. at hinila xa plabas, sinabunutan, tinadyakan, tpos pinagtulungan xa ng anak ng kapitbahay pati ng asawa nito na lalaki na kuno ay umaawat.

Pumunta sila sa brangay kaso parang di pinakinggan.

Pumunta sila sa presinto kinabukasan para kasuhan ng physical injury ang mag anak kaso naglumuhod sila at umiyak.Sabi ng pulis para maayos ay magbayad n lang ng 15 k, kahit ayw ay tinanggap nila ang bayad. Naawa gwa ng mawawalan ng mag aalaga s mga bata anak na malilit pa ung bumugbog sa kanya.

Humingi ng patwad ang pamilya at nagsabi na kakalimutan na ang problema. Kaso pagkatpos ng ilang araw pinatatawag sila sa brangay at nirereklamo xa ng extortion sa pagkuha ng 15 k.


Na sa tutuusin ay danyos perwisyo un at para di na umabot sa korte ang problem.

matatwag ba n extortion un o settelement?

Sana masagot nu ang tanong ko. Salamat po.

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6 Re: Blackmail Complaint... Today at 12:31 pm

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