thetammyjo -> RE: blackmail done right // blackmail done wrong (2/16/2009 11:53:52 AM)
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Tavane, this probably the most useful post I've seen in this thread. I applaud your use of the law to help you fulfill a fantasy safely. Everyone should note, as Tavane does below, that this is the law of one state at this time. You should invest time in finding out how you can fulfill your fantasies safely in your own state or country. quote:
ORIGINAL: Tavane As to legality, here's Ohio's law: 2905.11 Extortion. (A) No person, with purpose to obtain any valuable thing or valuable benefit or to induce another to do an unlawful act, shall do any of the following: (1) Threaten to commit any felony; (2) Threaten to commit any offense of violence; (3) Violate section 2903.21 or 2903.22 of the Revised Code; (4) Utter or threaten any calumny against any person; (5) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person's personal or business repute, or to impair any person's credit. (B) Whoever violates this section is guilty of extortion, a felony of the third degree. (C) As used in this section, "threat" includes a direct threat and a threat by innuendo. Effective Date: 07-01-1996 2905.12 Coercion. (A) No person, with purpose to coerce another into taking or refraining from action concerning which the other person has a legal freedom of choice, shall do any of the following: (1) Threaten to commit any offense; (2) Utter or threaten any calumny against any person; (3) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, to damage any person's personal or business repute, or to impair any person's credit; (4) Institute or threaten criminal proceedings against any person; (5) Take, withhold, or threaten to take or withhold official action, or cause or threaten to cause official action to be taken or withheld. (B) Divisions (A)(4) and (5) of this section shall not be construed to prohibit a prosecutor or court from doing any of the following in good faith and in the interests of justice: (1) Offering or agreeing to grant, or granting immunity from prosecution pursuant to section 2945.44 of the Revised Code; (2) In return for a plea of guilty to one or more offenses charged or to one or more other or lesser offenses, or in return for the testimony of the accused in a case to which the accused is not a party, offering or agreeing to dismiss, or dismissing one or more charges pending against an accused, or offering or agreeing to impose, or imposing a certain sentence or modification of sentence; (3) Imposing a community control sanction on certain conditions, including without limitation requiring the offender to make restitution or redress to the victim of the offense. (C) It is an affirmative defense to a charge under division (A)(3), (4), or (5) of this section that the actor's conduct was a reasonable response to the circumstances that occasioned it, and that the actor's purpose was limited to any of the following: (1) Compelling another to refrain from misconduct or to desist from further misconduct; (2) Preventing or redressing a wrong or injustice; (3) Preventing another from taking action for which the actor reasonably believed the other person to be disqualified; (4) Compelling another to take action that the actor reasonably believed the other person to be under a duty to take. (D) Whoever violates this section is guilty of coercion, a misdemeanor of the second degree. (E) As used in this section: (1) "Threat" includes a direct threat and a threat by innuendo. (2) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. So although it's probably not extortion, since having somebody do your laundry might not be a "valuable" things (depending on how much you hate doing laundry), it would be coercion, in terms of threatening to publish stuff which otherwise you could freely publish, since it's no crime to tell everyone that a person is a sissy, or whatever. The crime is forcing the person to obey you, by threat. State laws vary, but do tend to be pretty consistent with such common crimes. You could enforce the "financial" aspect of slavery, however, with the "debt" scenario. There is nothing illegal about that, and a court is not going to be impressed with a contnetion that "I just wanted to be her slave, and don't really owe her the money", when you have a signed and witnessed note. Since I'm virtually certain that many slaves have done this (including me), and we've never had a single news story about it, (and this would be juicy stuff which the media would love), I'm confident that this has happened many times. In my case, I agreed that I owed her $1000, but the note would be forgiven if I did her laundry, nails, massaged her feet and legs, and any other household tasks she wished, for some period of time I dont' remember. It was incredibly exciting to sign that, even though I knew she would never enforce it, and if she did, I'd certainly not try to "explain" it to a court. My reputation is worth far more than $1000. You'd need to be specific about the work, not just "I'll obey her like a slave", but otherwise, it would be very enforceable, in my view. It's not coercion, since she's not threatening to expose you. She's simply able to sue you for money you agreed that you owed her, if you don't "work off" the loan, in whatever way you most enjoy slavery. I really enjoyed it. It was incredibly exciting to know that I was "forced" to obey her, despite the reality that it was totally my idea. So thrre are ways to enforce submission, if you are imaginative, and know what the law is, but they will be limited to financial and property scenarios. A simple prenuptial agreement that in the case of a divorce, each party keeps whatever property is in his or her name, and that if one party gives the other spouse property during the marriage, that becoemes the other spouses separate property, would keep a husband very obedient to the wife, once he transfers all of his property to her, and all of his income, since in the case of a divorce, he would walk away with absolutely nothing, so long as she kept all property and bank accounts in her name. You could even agree that if the husband sues for divorce, he must pay her spousal support for x years at x amount, but a court wouldn't enforce that if it was not appropriate for the incomes of the parties at the time of the divorce, adn the duration of the marriage. You could even specify that the parties agree that the husband's role will be to take care of the home, as the homemaker, and that's what their expectations are of the parties when they marry, despite that both work. That would have nothing to do with what happens in a divorce, but would give the slave some additonal erotic thrills.
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