Felony extortion? Lmao wtf
Word!
How Fam?
California Penal Code Section 518 PC: Extortion
1. Definition and Elements of the Crime
Under
California Penal Code Section 518 PC,
extortion (commonly referred to as "blackmail") is a criminal offense that involves the use of force or threats to compel another person into providing money or property, or using force or threats to compel a public official to perform or neglect an official act or duty. Often, the
victims of extortion feel compelled to comply due to the extortionist's threats. Extortion is a felony offense that can result in lengthy prison sentences.
In order to prove a charge of extortion by threat or force, a prosecutor must be able to establish the following elements:
- The defendant either:
- threatened to unlawfully injure another person
- threatened to accuse someone else of a crime
- threatened to expose a secret of another person
- When making the threat or using force, the defendant intended to use that fear or force to obtain the other person's consent, money, property, or have that other person perform an official act
- As a result of the threat or use of force, the other person consented to the defendant's demands
- AND as a result of the threat or use of force, the other person complied with the defendant’s demands
When dealing with extortion, consent can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear. The threat must be the controlling reason that the other person consented. Threatening to do something that a person has a legal right to do is not a threat to commit an unlawful injury.
A secret is considered a fact that:
- Is unknown to the general public or to someone who might be interested in knowing the fact
- AND harms the threatened person's reputation or other interest so much that he or she would likely pay to prevent the fact from being disclosed
When the extortionate demand is in writing, the defendant can be charged with extortion by threatening letter pursuant to California Penal Code Section 523 PC. When the intent of the extortionist is to have the victim sign a document or check, the defendant can be charged with extortion of signature under California Penal Code Section 522 PC.
One of LA’s oddest restaurant stories just reached its end last week. Labeled as the
“dine-and-dash dater,” 45-year-old Paul Gonzales pleaded no contest to four misdemeanor charges last Tuesday and was sentenced to four months in jail with three years probation. Gonzales allegedly left around a
dozen first dates with the bill as he skipped out on payment throughout Southern California.
Interestingly, Gonzales will not serve time for
dining and dashing. After being spotted by Pasadena Police, he was arrested on August 25 and served 30 days behind bars, according to
NBC Los Angeles. He was kept in jail until a September court date, where seven of Gonzales’ victims testified against him. Gonzales was then released on $100,000 bond after eight felony counts of extortion and two felony counts of attempted extortion
were dropped.
Instead, the world’s worst dater will serve time for three counts of non-payment to an innkeeper, and one count of petty theft. Superior Court Judge Stan Blumenfeld determined Gonzales’ sentence on November 20, which includes 120 days behind bars, and an outright ban on using dating apps and websites Bumble and PlentyofFish during probation.
Gonzales justified his behavior because eating good food made him feel better, according to the investigating detective, Victor Cass. He is also required to pay restitution to Pasadena-based Smitty’s Grill, Mercado, and Buca di Peppo, and remain at least 100 yards away from these and other businesses. Gonzales must surrender to serve his sentence on January 14, 2019.
Paul Gonzales is also restricted from using dating apps and websites
la.eater.com
