How Can I Settle With a Person Threatening Me With a Criminal Complaint?
Full Question:
Answer:
A settlement, including any waivers any releases, must be made voluntarily, A person cannot be compelled to settle a claim against her will. 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.
A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges to be instituted against him; or
(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(vi) 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 extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(viii) 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
(ix) 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.
Please see the following NV statute:
NRS 205.320 Threats.
A person who, with the intent to extort or gain any money or other
property or to compel or induce another to make, subscribe, execute, alter
or destroy any valuable security or instrument or writing affecting or
intended to affect any cause of action or defense, or any property, or to
influence the action of any public officer, or to do or abet or procure any
illegal or wrongful act, whether or not the purpose is accomplished,
threatens directly or indirectly:
1. To accuse any person of a crime;
2. To injure a person or property;
3. To publish or connive at publishing any libel;
4. To expose or impute to any person any deformity or disgrace; or
5. To expose any secret, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, or by a
fine of not more than $10,000, or by both fine and imprisonment. In
addition to any other penalty, the court shall order the person to pay
restitution.
