Blackmail Reversed

Blackmail Reversed

Applying rules of statutory interpretation, the Kansas Court of Appeals reversed the Johnson County District Court’s decision to convict Conrad Braun of blackmail.  State v. Braun, 273 P.3d 801, 802 (Kan. Ct. App. 2012).  Under KSA 21-3428, the previous Kansas blackmail statute, blackmail occurs when one “compel[s] another to act against such person’s will...”  The court held that the narrow understanding of the statute must be limited to cases that the perpetrator gained something of value or compelled another to act against that person’s will.  Braun, 273 P.3d 802.  Because there was no evidence that Braun’s ex-wife’s husband “took any action that Braun sought to compel him to take,” the court determined that blackmail had not occurred and reversed Braun’s conviction. Id. at 803.  If you have any questions or concerns regarding a blackmail charge and statutory interpretation of the Kansas blackmail statute, contact Lindsey Ericskon or Dionne Scherff with Erickson Scherff, LLC at www.ericksonscherff.com for counsel.