New York Penal Law 135.60 Coercion in the Second Degree

Coercion in the second degree, is a class A misdemeanor in New York, carrying up to a year in jail. It involves forcing someone to do something against their will by instilling fear. Let’s break down the law, real cases, and what it means if you’re charged.

What is Coercion in the Second Degree?

According to New York Penal Law 135.60, coercion in the second degree involves compelling or inducing someone to:

• Engage in conduct they can legally abstain from
• Abstain from conduct they have a legal right to engage in
• Join a group or organization they can legally abstain from joining

This is done by instilling fear in the victim that there will be consequences if they don’t comply. Those consequences have to be something beyond just annoying the victim. It has to actually harm them in some way.

Some examples could include:

• Threatening to get someone fired from their job if they don’t do what you want
• Threatening to reveal embarrassing information about someone if they don’t pay you money
• Forcing someone to commit a crime by threatening them with physical harm

The key is that you have to be instilling real fear in the victim – just verbally pressuring someone may not rise to coercion. There has to be a sense you might actually follow through on the threat.

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Comparison to Other Coercion Charges

Coercion in the second degree is a lower level charge than coercion in the first degree, a class D felony. The main difference is that first degree involves forcing someone to commit a felony themselves, cause physical injury, or damage property.

Legal Scenario: What Would You Do?

Scenario

Your ex-partner has been threatening to release private photos of you unless you agree to sign over your share of a jointly owned vehicle. You feel trapped and unsure whether what they're doing actually crosses a legal line.

Can my ex be charged with coercion for threatening to share private photos unless I give up property?

Attorney's Answer

What you're describing fits squarely within New York Penal Law 135.60, coercion in the second degree. Under this statute, a person is guilty when they compel another to act or refrain from acting by threatening to expose a secret or publicize information that could subject someone to hatred, contempt, or ridicule. This is a class A misdemeanor punishable by up to one year in jail and a fine up to $1,000. You should document every threatening message and contact a criminal defense attorney immediately — both to explore filing a police report and to protect yourself from complying under duress, which could complicate any future property dispute.

This is general information only. Contact us for advice specific to your situation.

There is also a coercion in the third degree charge, a class A misdemeanor. This covers more minor threats like exposing a secret or annoying someone.

Penalties if Convicted