Understanding Coercion In New York: Financial Ruin As A Threat

Coercion in New York State law involves a person forcing another person to act against their will through the use of threats, intimidation, or physical force. Coercion in the second degree, a misdemeanor, involves threatening another person to perform an otherwise lawful act. Coercion in the first degree, a felony, involves compelling another person to commit a felony or cause physical harm. The threat of financial ruin may constitute coercion in New York State if it induces someone to act against their will, potentially falling under the category of exposing a secret or causing harm to someone's financial condition.

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Coercion in the first degree

Coercion is a criminal offence that involves one person forcing another person to do, or to refrain from doing something against that person's will. Coercion in the first degree is a class D felony and carries a maximum sentence of seven years in prison. The sentence may depend on the defendant's prior criminal record.

Coercion usually involves some sort of threat, such as the threat of physical violence, damage to property, or exposing a secret. Under New York Penal Law, a person could be prosecuted for coercion in the first degree if they try to force someone to do something by threatening to:

• Cause physical injury to a person or damage to property
• Commit or attempt to commit a felony
• Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule
• Cause a strike, boycott or other collective labour group action injurious to someone's business
• Testify or provide information or withhold testimony or information with respect to another's legal claim or defence
• Use or abuse their position as a public servant by performing some act within or related to their official duties, or by failing or refusing to perform an official duty, in such a manner as to affect someone adversely
• Perform any other act which would not materially benefit the actor but which is calculated to harm another person materially with respect to their health, safety, business, calling, career, financial condition, reputation or personal relationships

It is important to note that prosecutors can allege more than one theory of a case and charge an individual under more than one subsection of the law. For example, if there is a threat of physical injury and that is why the purported victim agrees to sexual intercourse, then that individual may have also violated First Degree Coercion.

Coercion in the second degree

Coercion is a criminal offence that involves a person forcing another person to act or refrain from acting in a certain way against their will. Coercion usually involves some sort of threat, such as the threat of physical violence, damage to property, or exposing a secret.

In New York, Coercion in the Second Degree is a class A misdemeanour, with a maximum possible jail sentence of 1 year. The judge may decide to sentence the defendant to probation instead of jail, with a probation term of 3 years.

A person may be found guilty of Coercion in the Second Degree if they threaten another person and pressure them into acting in a certain manner that they could otherwise pursue legally, or convince that person not to engage in a legal behaviour. For example, in People v. Piznarski, 113 AD3d 166 (2013), the defendant, Michael Piznarski, was charged with coercion in the second degree after threatening to upload a video of the victim performing oral sex on him unless she had sex with him.

Other examples of Coercion in the Second Degree include:

• Causing a strike, boycott, or other collective labour group action injurious to a person's business
• Testifying or providing information or withholding testimony or information with respect to another's legal claim or defence
• Using or abusing a position as a public servant by performing or failing to perform an official duty in a manner that adversely affects someone
• Performing any other act that would not materially benefit the actor but is calculated to harm another person materially with respect to their health, safety, business, career, financial condition, reputation, or personal relationships

Coercion in the third degree

Coercion is a criminal offence that involves one person forcing another person to do, or to refrain from doing something against that person's will. Coercion in the third degree occurs when a person is compelled to engage in conduct that they have the right to refuse or abstain from. This includes using force to compel a person to join a group or organisation engaged in a criminal enterprise.

According to New York Penal Law, a person is guilty of coercion in the third degree when they compel or induce someone to engage in conduct which the latter has a legal right to abstain from, or to abstain from engaging in conduct in which they have a legal right to engage. It also includes compelling or inducing someone to join a group, organisation, or criminal enterprise that they have a right to abstain from joining.

Some examples of coercion in the third degree include:

• Causing a strike, boycott, or other collective labour group action injurious to someone's business.
• Testifying or providing information with respect to another's legal claim or defence.
• Using a position as a public servant to perform an act that adversely affects someone.
• Performing any act calculated to harm another person materially with respect to their health, safety, business, career, financial condition, etc.

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Extortion and coercion similarities

While extortion and coercion are two different concepts, they share some similarities. Both extortion and coercion involve threatening someone to act against their will. In the case of extortion, the threat is usually of violence or property damage, while coercion can involve threats of violence, property damage, exposing a secret, or other forms of intimidation.

Extortion is the practice of obtaining benefits, such as money or goods, through coercion. It is often associated with blackmail or protection rackets, where individuals or groups demand money, property, or some advantage from another person under the threat of harm. Extortion can also take the form of robbery, where force or the fear of immediate force is used to take property from a victim. In some cases, extortion may involve making unfounded threats to gain an unfair business advantage or demanding money to refrain from causing harm.

Coercion, on the other hand, is the act of creating compulsion by physical force or the threat of physical force. It involves using threats, intimidation, or other forms of pressure to force someone to act against their will. Coercion can take many forms, including political activity, sex trafficking, sports, jobs, or housing. For example, in People v. Piznarski, the defendant was charged with coercion in the second degree for threatening to upload a compromising video of his ex-partner unless she had sex with him.

Both extortion and coercion can result in serious criminal charges, including felony charges, jail time, and significant fines. The severity of the charges and penalties depends on the specific circumstances and the extent of harm caused. In some cases, an individual can be charged with both extortion and coercion, such as when a landlord extorts money from an immigrant family by threatening to report them to immigration authorities.

Defenses to a charge of coercion in the first degree

Coercion in the first degree is a serious charge under New York criminal law, and a conviction can carry a maximum sentence of seven years in prison. If you are facing a charge of coercion in the first degree, it is imperative to seek legal counsel from an experienced criminal defence attorney.

There are several defences that an attorney may be able to raise on your behalf, depending on the specific facts of your case. For example, if the charge is based on someone suffering a physical injury, the prosecutor must prove that the injury was more than a minor bruise and meets the definition of a "physical injury" under the criminal statute. If the person who committed the felony did so of their own free will, and you did not force or induce that person to commit the crime, this could be a defence.

Additionally, if the charge is based on threats of violence or property damage, your attorney may be able to argue that your actions do not meet the threshold for a Class C felony. They may also be able to challenge the prosecution's evidence by asking how they can prove you made the alleged demands. For example, are there any recordings, text messages, or email messages that corroborate the allegations?

Furthermore, if the charge is based on the threat of reporting your target for a crime, there is a specific affirmative defence available if you genuinely believed the wrongdoing to be true and your goal was to hold your target accountable.

It is important to note that the defences outlined above may not apply to your specific situation, and it is crucial to consult with an experienced criminal defence attorney to discuss the best course of action for your case.

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