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2C:13-5 Criminal Coercion |
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2C:13-5. Criminal Coercion
a. Offense defined. A person is guilty of criminal coercion
if, with purpose unlawfully to restrict another's freedom
of action to engage or refrain from engaging in conduct, he
threatens to:
(1) Inflict bodily injury on anyone or commit
any other offense;
(2) Accuse anyone of an offense;
(3)
Expose any secret which would tend to subject any person to
hatred, contempt or ridicule, or to impair his credit or business
repute;
(4) Take or withhold action as an official, or cause
an official to take or withhold action;
(5) Bring about
or continue a strike, boycott or other collective action,
except that such a threat shall not be deemed coercive when
the restriction compelled is demanded in the course of negotiation
for the benefit of the group in whose interest the actor acts;
(6) Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
or
(7) Perform any other act which would not in itself substantially
benefit the actor but which is calculated to substantially
harm another person with respect to his health, safety, business,
calling, career, financial condition, reputation or personal
relationships.
It is an affirmative defense to prosecution
based on paragraphs (2), (3), (4), (6) and (7) that the actor
believed the accusation or secret to be true or the proposed
official action justified and that his purpose was limited
to compelling the other to behave in a way reasonably related
to the circumstances which were the subject of the accusation,
exposure or proposed official action, as by desisting from
further misbehavior, making good a wrong done, or refraining
from taking any action or responsibility for which the actor
believes the other disqualified.
b. Grading. Criminal coercion is a crime of the fourth degree
unless the threat is to commit a crime more serious than one
of the fourth degree or the actor's purpose is criminal, in
which cases the offense is a crime of the third degree.
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