[ARebelRose]

Ok, I got some information off other forums, so now here is this question.

I have found a letter my mother is composing to send to an old aquaintance, a former pastor. Basically, she is bringing up things that happened 15-20 years ago, many of which are either without merrit or at least without proof. Anything actually concrete I belive is way past the statute of limitaions to bring charges. She has basically demanded a $5 million dollar "out of court settlement" or she will take her information to the press and/or local authorities. She is clear about being more interested in embarressing the church than in any justice. Oh, and giving a great 5 days to decide. She claims to be sending a copy to a mutual friend and to her attorney, with directions to take the information public if "anything happens to her".

Now, clearly, we are dealing with someone not working on all cylinders. But I need to know what the possible penalties could be should the receiver of this letter decide to press charges. Part of me wants to let her send it so that she can finally have to deal with the consequenses of her actions. But I need to know how big these consequences may be. If she will just end up with a reality check, then so be it. But if I need to step in and prevent her from facing serious criminal charges, then I have to confront her sooner than later.

Also, should I not be able to stop her, will it help her defense at all that she is on SSD, mostly for post-traumatic stress syndrome, panic disorder, and depression? I am afraid the end result may actually be having her declared incompetent, but I want to avoid it if at all possible.

Sorry if I am in the wrong section here, just kind of an all-encompassing problem

Thank you again for all the help you provide.

[aaron]

Georgia Law provides:

(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:

(1) Inflict bodily injury on anyone or commit any other criminal offense;

(2) Accuse anyone of a criminal offense;

(3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;

(4) Take or withhold action as a public official or cause an official to take or withhold action;

(5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(6) Testify or provide information or withhold testimony or information with respect to another´s legal claim or defense.

(b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.

(c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.

(d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

[Litigator]

Blackmail and extortion are somewhat slippery crimes you don't see charged much anymore unless you have a Mel Gibson "Ransom" type situation or something akin to it where someone has kidnapped someone else and demands money for their safe return. But it looks like Georgia's statute is pretty broad and a prosecutor who had no fear might charge it. There's criminal libel too, also seldom seen today, but it may not exist in Georgia.

Regardless of the criminal connotations, she is perhaps looking at the prospect of being sued for the tort of civil libel and it will be the pastor, not the State, who will decide whether to file that suit. A letter containing false information delivered to and read by another constitutes publication, a necesssary element of a libel claim.