Q: I was video and audio taped having consensual sex, but was unaware I was being recorded. Is that legal?
I'm in Colorado and now said recorder is blackmailing me so I'll be sexually involved with him again, or he'll disperse the video. Can anyone inform me if I can have the aid of the police or not?
A:
Yes, you can go to the police. Probably best to get a lawyer to begin with, but especially if the police ignore it.
It is criminal extortion when a person threatens someone in order to get that person or another person to do (or refrain from doing) something against his or will. A more common word for criminal extortion is blackmail.
Criminal extortion -- and its more serious counterpart, aggravated criminal extortion -- is a crime under section 18-3-207 of the Colorado Revised Code (C.R.S.).
Criminal extortion is a usually a Colorado class 4 felony. Consequences of a conviction can include:
2-6 years in prison (with 3 years mandatory parole), and/or
A fine of $2,000-$500,000.
However, punishment for criminal extortion increases significantly if:
You use or possess a deadly weapon or the crime results in someone being killed or seriously injured (making it a “crime of violence”), or
You threaten the use of chemical, biological, or harmful radioactive agents, weapons, or poison (“aggravated extortion”).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
