Coercion in New York

What is “Coercion?”

“Coercion” refers to an individual or group using force or fear to convince another person to engage in an action or to prevent an individual from taking a specific action.

Examples

Here are some ways that someone may commit a crime of coercion.

A boyfriend threatens to release humiliating photos unless the girlfriend agrees to remain in a relationship.
A home intruder threatens to harm the victim’s family unless she complies with his demands.
A boss threatens a secretary will lose her job unless she performs sexual favors.
A couple has a domestic dispute, and one threatens harm if the other contacts law enforcement.
An audited individual threatens to harm an IRS investigator’s family unless the audit is dropped.
They are threatening to expose the personal secrets of a witness in order to produce false testimony or refrain from testifying.
An FBI agent threatens to expose criminal behavior unless he is paid dividends from the criminal enterprise.
A group is threatening to picket and harass a business’s customers due to ideological differences.
A public health official threatens to expose the medical history of a famous individual unless that individual provides incentives.
Kidnapping the spouse of a banker and threatening to harm the spouse unless banker steals money from the bank.
A business owner threatens to burn the house down of a protestor unless they stop protesting.
Threaten to accuse an individual of a crime unless that individual complies with sexual demands.
A group that asks for “protection money” from local businesses and warning those that don’t pay for the protection have bad things happen to them.
You are attempting to engage in any of the aforementioned activities.

Essentially, it will be a coercion crime if you use some sort of means that instills fear into an individual to commit an action that they do not have to do or stop an action that individual is allowed to do.

If you or a loved one have been charged with a crime of coercion, please call our law offices today. Our team of experienced attorneys is ready to assist you

What are the coercion crime laws in New York?

New York has separated coercion crimes into three separate degrees of offense. They are all very similar, especially the third-degree and first-degree offenses. The major difference between the three is the second-degree offense which states that if coercive tactics are used in order for the coerced individual to engage in sexual conduct, then it is coercion in the second degree.

New York has identified a variety of conduct that would be considered coercive. If an individual incites fear by threatening to harm an individual or their property, commit another crime, level accusations of criminal behavior, expose a secret, start a strike or boycott, tamper witness testimony, abuse their public servant position or any action that would harm the individual for the individual’s benefit.

This list of possible ways coercion is meant to catch all types of coercive activity. If an activity is perceived as being coercive, even if it doesn’t nicely fit into one these categories, the courts will likely perceive that it satisfies the statutes’ elements.

Coercion in the third degree

Coercion in the third degree is where an individual uses any of the means listed above to force an individual to engage in an activity or refrain from an activity, when that individual is legally allowed to refrain from that activity or join in that activity, respectively. This is considered a class A misdemeanor. Previous to 2018, this was considered coercion in the second degree.²

For example, if a spouse threatens to turn over career damaging texts to their spouse’s employer unless the spouse remains in the marriage, is an example of coercion in the third degree.

Coercion in the second degree

Coercion in the second degree is substantially similar to coercion in the second degree. However, with this crime, coercive behavior is to cause the other person to engage in sexual conduct. This is a class E felony. For example, if a boyfriend threatens to smash his girlfriend’s cell phone unless she submits to sexual intercourse, it will be considered coercion in the second degree.

Coercion in the first degree

Coercion in the first degree is substantially similar to coercion in the degree, except that it is a first-degree offense when physical injury is threatened or caused, or property damage is threatened or caused, or the individual is forced to commit a crime, harm another individual or violate their public service duties. This is considered a class D felony. For example, an unofficial loan officer breaks the hand of an individual and threatens to break the other hand, unless he is paid, will be considered coercion in the first degree

The variety of ways that an individual could violate a coercion crime in New York is very complex, and we recommend that you speak to one of our skilled attorneys if you have any questions.

Are there other crimes that often accompany coercion crimes?

Most of the time, when an individual is charged with a coercion crime, they are simultaneously charged with a variety of other crimes. Some common state crimes that accompany charges of coercion are assault, criminal mischief, unlawful imprisonment, kidnapping, sex offense, and in some cases bribery.

Also, the federal government has similar crimes against coercion, and if it falls within their jurisdiction, such as through electronic media, on federal lands, or concerns a federal official, then a person could also be charged with a federal crime of coercion.

These accompanying charges are based on individual circumstances. Also, an individual can simply attempt one of these crimes, including coercion, and can be charged with a long list of crimes.

Recent Court Cases on Coercion Crimes

Case 1

In People v. Finkelstein, the Court determined that the defendant’s actions warranted the higher charge of coercion in the first degree, even though the defendant did not actually physically harm the defendant or her property.

In 2016, the defendant appealed his conviction of coercion in the first degree, stating that his actions were not of heinous nature and that the jury should have been instructed on the lesser charge of coercion in the second degree (which is now coercion in the third degree).

Previously, the defendant threatened to harm his girlfriend’s business, damage her property, and to hurt her physically after she sought to evict him from her apartment. She notified the police, and he was promptly arrested and continued his coercive behavior towards his girlfriend.

No tangible injury ever occurred to the girlfriend from the defendant’s actions. Due to this, the defendant stated that since the threats were the only harm, that this did not rise to the level of “heinous conduct.”

The Court disagreed with the defendant and stated that legislative intent for coercion in the first degree was to be used against all coercive techniques that utilize or threaten physical injury to person or property. Only in rare circumstances, could the Court substitute the lesser charge. The conviction of the defendant was affirmed.

To read the case in full, please click here. Or copy and paste the link below.

https://www.leagle.com/decision/innyco20161222398

Case 2

In People v. Adams, the Court determined that there is no mandate for a coercion crime in the first degree to be heinous.

The defendant, in this case, was charged with coercion in the first degree, which was later dropped. There was no charge of coercion in the second degree (now third degree), and the defendant was later charged with attempted coercion in the first degree.

Defendant appealed this conviction and stated that since first-degree coercion has a heinous mandate, that his attempted coercion charge should be dropped to attempted second-degree (third-degree) coercion.

The Court rejected the defendant’s argument and state that there has never been a heinous requirement for a first-degree coercion conviction or attempted first-degree coercion. It has always been a “safety-valve” in the most “exceptional circumstances.”

If an individual threatens an individual with physical injury or damage to property, then it will be considered a first-degree coercion crime. The defendant’s conviction was affirmed.

To read the case in full, please click here. Or copy and paste the link below.

https://www.leagle.com/decision/200848350ad3d4331306

Case 3

In People v. Williamson, the Court determined that a victim who carries out her normal routine out of fear of reprisal from a coercive individual, it will be considered coercion in the first degree.

In 2002, the defendant and his girlfriend had an argument that resulted in violence from the defendant towards the girlfriend. After the altercation, the defendant threatened to harm her unless she complied with his demands substantially. He physically removed all phones from her reach for a period of time and was also within sight of the defendant.

The defendant threatened the victim if she tried to call the police while carrying out her normal routine; he would rape or kill her. The girlfriend testified that she did not call the police even though she had access to a telephone due to possible reprisals and that she wanted the defendant to leave her apartment.

Defendant asserts that since the girlfriend was able to call the police at work and was affectionate towards him after the threats were issued, this was coercion in the third degree or not coercion at all.

The Court rejected the argument from the defendant and accepted the testimony of the girlfriend that she did whatever the defendant wanted due to her fear of physical harm. Just because someone acts in such a way to not show fear or does not take action when the defendant is not around, does not mean that coercion is not happening. And since the threatened harm was physical injury, it was coercion in the first degree. The Court affirmed the defendant’s conviction.

To read the case in full, please click here. Or copy and paste the link below.

https://casetext.com/case/people-v-williamson-81

Who investigates charges of coercion crimes?

In most charges of coercion crimes, the New York Police Department will investigate the allegation of a coercion crime. In certain cases, it could involve another state or federal agency if such coercion was to influence a public servant or official. Also, the Federal Bureau of Investigation will work in tandem with the New York Police Department if there are federal charges along with the state charges

What are the penalties for coercion crimes and are there any defenses?

The specific penalties for a coercion crime are based on the degree.

For example, coercion in the third degree is a class A misdemeanor. This has a penalty of up to 1 year in prison with a 1,000- dollar fine. Whereas, coercion in the first degree is a class D felony and has a penalty of up 7 years in prison and a 5,000-dollar fine, or duple damages(double the amount the coercion cost).

Other crimes could significantly increase the severity of these penalties. Sometimes the sentences are taken concurrently; however, there are times that a court can sentence each charge out in aggregate. The defenses to the crime of coercion are sparse. It can only occur in one instance.

If the person threatens to expose a crime of a certain individual, reasonably believing that person had committed that crime, in an effort to have that individual rectify the situation, then this can be used as a defense for coercion.

For example, the father of a teenager discovers a brand-new cell phone that he reasonably believes that his teenager has stolen. The father threatens the teenager that he will turn the teenager into the police unless he returns the stolen phone. This is a situation where an individual would have a valid defense to coercion.

However, if other coercive techniques are also utilized, such as physical injury or property damage, even in the attempt to rectify criminal behavior, this will not be an affirmative defense.

The penalties for a coercion crime can be up to 7 years in prison and a 5,000-dollar fine or duple damages. Accompanying charges could significantly incur additional penalties.

I have been charged with a coercion crime. What should I do?

Call us!

It is extremely important that if you are charged with a crime of coercion that you are represented by competent legal counsel. A charge of coercion can have significant repercussions on you and your family that go way beyond the possible penalties of the charges.

You may face the loss of a job which could cause default and bankruptcy, a nearly permanent stigma, loss of reputation with coworkers, friends, and family. Charges of coercion should not be handled by anyone who does not have the proper skill and experience to represent you and your loved ones’ interests best.

Our firm has attorneys that are experienced and have helped individuals just like you. We seek to provide the best possible representation to provide the best outcomes. We can help you throughout the entire process.