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Threats to communicate derogatory information is a felony criminal charge in Wisconsin. Contact Van Severen Law Office, S.C. for help – (414) 270-0202
Threats to communicate derogatory information is a serious felony charge in Wisconsin that carries significant consequences. Under section 943.31 of the Wisconsin Statutes, this Class I felony occurs when someone maliciously threatens to share damaging information about another person with the intent to extort money or force them to act against their will. The law applies whether the threatened information is true or false, and it encompasses photographs, videos, audio recordings, and other digital media that could humiliate or damage someone’s reputation.
What are some examples of this offense? Consider a situation where someone threatens to post embarrassing photos on social media unless an old friend pays them money. Another example involves threatening to share damaging information about a coworker’s past unless they agree to quit their job. Even threatening to tell an employer about an employee’s personal life to force them into doing something against their will can trigger this charge. The key elements prosecutors must prove include the malicious nature of the threat, the intent to extort or compel action, and that the threatened information would humiliate or injure someone’s reputation.
We think that facing a threats to communicate derogatory information charge is best dealt with by experienced criminal defense counsel. This charge is a Class I felony. The maximum penalty is up to 3.5 years prison, $10,000.00 in fines, or both. The criminal defense attorneys at Van Severen Law Office understand Wisconsin’s extortion and threat-related statutes and fight aggressively to protect your rights. Our experienced legal team analyzes every aspect of your case, challenges weak evidence, and develops strong defense strategies tailored to your situation. Don’t face these serious charges alone. Contact Van Severen Law Office at (414) 270-0202 today for a consultation with skilled criminal defense attorneys who will fight for your future.
Section 941.31 of the Wisconsin Statutes: Threats to communicate derogatory information
Section 941.31 of the Wisconsin Statutes prohibits this offense. Here’s what the law says:
943.31 – Threats to communicate derogatory information. Whoever maliciously threatens, with intent to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person’s will, to disseminate or to communicate to anyone information, whether true or false, that would humiliate or injure the reputation of the threatened person or another is guilty of a Class I felony. For the purpose of this section, “information” includes any photograph, exposed film, motion picture, videotape, or data that represents a visual image, a sound recording, or any data that represents or produces an audio signal.
There’s a few requirements here. The defendant must have “maliciously threatened” the victim. While we’ll talk about jury instructions more in the next section, Wisconsin Criminal Jury Instruction 1473A provides us an important definition. “A threat is made ‘maliciously’ if it is made willfully and with an illegal intent.” The drafters of the jury instructions believe that “the essence of the offense is making a threat to get something to which the person is not lawfully entitled.” This is certainly a fluid definition. While our creative defense attorneys can work with a fluid definition, so can prosecutors.
What’s notably missing from this definition? Simple verbal statements. If a victim makes a statement and the defendant threatens to repeat it, this does not fall within the statute. Section 943.31 does not cover maliciously threatening to repeat a verbal statement alone.
Wisconsin Criminal Jury Instruction 1474 – Threats to communicate derogatory information
Jury instructions are a helpful tool in the criminal justice system. They break down crimes into smaller parts, called elements. And those elements are what the government must prove in order to sustain a conviction against the defendant. They’re also important for our conversation and helping people to understand threats to communicate derogatory information.
Wisconsin Criminal Jury Instruction 1474 provides us the elements of this crime:
- Firstly, the defendant maliciously threatened the victim to disseminate or communicate to anyone certain information about the victim or another individual.
- Secondly, the defendant maliciously threatened to disseminate or communicate information, whether true or false, that would humiliate or injure the reputation of the victim or another person.
- Thirdly, the defendant made the threat with intent to extort money or any pecuniary advantage, or with intent to compel the person threatened to do any act against the person’s will.
What happens when the government fails to satisfy its burden? The court instructs the jury to find the defendant not guilty of the charge.
Potential ways to defend against this, or any other, criminal charge
There are a lot of basic steps in defending a criminal case that apply to all criminal charges. The first is to review charging documents, such as the information and the criminal complaint. This gives us a basic understanding of the specific charges our client is facing, the penalties, and a brief statement of alleged facts supporting the charges. After that we’ll review all of the evidence in the case. Are there pre-trial motions to file? Does the client simply want to resolve their case with the best possible plea offer? Is there a way to achieve a dismissal of the charges against our client? Or will this matter proceed to trial in front of a jury?
But charges involving an alleged victim have additional complexities. Is the victim lying? Do they have credibility issues that weaken the case against our client? Is there any physical proof of the malicious threats, or is it just word of mouth? We’ve worked on many cases involving angry exes hell-bent on putting the defendant in jail. Frequently those situations arise in domestic violence situations, but they also apply in cases just like this.
The truth is, it’s impossible to tell anyone exactly how to defend a criminal case without knowing the details. Every case, defendant, prosecutor, and victim are different. That requires us to employ different strategies to achieve the best possible results for our clients.
Contact Van Severen Law Office, S.C. to speak with some of Wisconsin’s best criminal defense attorneys
At Van Severen Law Office, our criminal defense attorneys regularly defend individuals facing criminal charges throughout Wisconsin. Those charges include drunk driving charges, misdemeanors, and felonies such as threatening to communicate derogatory information. No matter the position you’re in or the charges you’re facing, there’s a smart criminal defense attorney on our staff prepared to help.
We offer free initial consultations to potential clients seeking representation from our firm. During that consultation, you’ll have the chance to go over your case with us and ask any questions that you have. At the conclusion of that consultation we’ll discuss options for representation moving forward.
Contact us at (414) 270-0202 today to learn more, or to set up a time to come in.
