S 135.60 Coercion in the second degree.
A person is guilty of coercion in the second degree when he or she
compels or induces a person to engage in conduct which the latter has a
legal right to abstain from engaging in, or to abstain from engaging in
conduct in which he or she has a legal right to engage, or compels or
induces a person to join a group, organization or criminal enterprise
which such latter person has a right to abstain from joining, by means
of instilling in him or her a fear that, if the demand is not complied
with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
8. Use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to his or her health, safety, business, calling, career,
financial condition, reputation or personal relationships.
Coercion in the second degree is a class A misdemeanor.
S 135.65 Coercion in the first degree.
A person is guilty of coercion in the first degree when he or she
commits the crime of coercion in the second degree, and when:
1. He or she commits such crime by instilling in the victim a fear
that he or she will cause physical injury to a person or cause damage to
property; or
2. He or she thereby compels or induces the victim to:
(a) Commit or attempt to commit a felony; or
(b) Cause or attempt to cause physical injury to a person; or
(c) Violate his or her duty as a public servant.
Coercion in the first degree is a class D felony.
Coercion in the first degree is a class D felony.
S 135.70 Coercion; no defense.
The crimes of (a) coercion and attempt to commit coercion, and (b)
bribe receiving by a labor official as defined in section 180.20, and
bribe receiving as defined in section 200.05, are not mutually
exclusive, and it is no defense to a prosecution for coercion or an
attempt to commit coercion that, by reason of the same conduct, the
defendant also committed one of such specified crimes of bribe
receiving.
S 135.75 Coercion; defense.
In any prosecution for coercion committed by instilling in the victim
a fear that he or another person would be charged with a crime, it is an
affirmative defense that the defendant reasonably believed the
threatened charge to be true and that his sole purpose was to compel or
induce the victim to take reasonable action to make good the wrong which
was the subject of such threatened charge. |