On May 24, 8:44 am, "Stuart A. Bronstein" <spamt...@lexregia.com> wrote:
> m...@privacy.net wrote:
> > bizee <bizeesh...@gmail.com> wrote:
> >>This offender wants $50.00 from my daughter to remove the photo.
>
> > This is extortion, contact the FBI.
>
> How is that extortion? Under federal law, 18 USC §1951(b)(2), "The
> term "extortion" means the obtaining of property from another, with his
> consent, induced by wrongful use of actual or threatened force,
> violence, or fear, or under color of official right."
Wouldn't it come under the "fear" prong of the statute? Obviously, OP's daughter doesn't want her picture on the website, and the site owner has no right to put it there. Or perhaps under the "color of official right" prong if what the perp is saying is, in effect, that she has a legal right to use the photograph and will only forego exercising that right if she is paid money.
Isn't it enough that OP's daughter is afraid the offending picture will be seen by others, maybe by particular people whom she does not want to be given the (false) idea that she has anything whatsoever to do with this porn business, even in a legitimate capacity?
One may say, "Don't shoot me, I'm only the piano player," but the truth of that fact is unlikely to overcome the popular perception of that particular musician if the place where he tickles the keys is in a whorehouse.
The form of extortion known colloquially as "blackmail" relies on exactly such potential revelation of embarrassing material, whether true or false, to induce the victim to pay up to get the perp to shut up. It's a strongarm tactic no matter how you look at it IMO.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
No comments:
Post a Comment