CHAPTER 8. Conspiracy [182 - [185.]] ( Chapter 8 enacted 1872. )
182.
(a) If two or more persons conspire:
(1) To commit any crime.
(2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime.
(3) Falsely to move or maintain any suit, action, or proceeding.
(4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises.
(5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.
(6) To commit any crime against the person of the President or Vice President of the United States, the Governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States.
They are punishable as follows:
When they conspire to commit any crime against the person of any official specified in paragraph (6), they are guilty of a felony and are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for five, seven, or nine years.
When they conspire to commit any other felony, they shall be punishable in the same manner and to the same extent as is provided for the punishment of that felony. If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit. If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
When they conspire to do an act described in paragraph (4), they shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
When they conspire to do any of the other acts described in this section, they shall be punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. When they receive a felony conviction for conspiring to commit identity theft, as defined in Section 530.5, the court may impose a fine of up to twenty-five thousand dollars ($25,000).
All cases of conspiracy may be prosecuted and tried in the superior court of any county in which any overt act tending to effect the conspiracy shall be done.
(b) Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence.
California Penal Code § 647(j)(4) – Cyber Exploitation aka Revenge Porn
Introduction
A person may be charged with disorderly conduct if s/he invades the privacy of another by intentionally distributing an image of an intimate body part or parts of another identifiable person without consent.
Text of the Statute
Cal. Penal Code § 647:
“Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: […]
(4) (A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.
(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.
(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: (i) The distribution is made in the course of reporting an unlawful activity. (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. (iii) The distribution is made in the course of a lawful public proceeding.
Bottom line.........?
IMO the supposed “magic” disc is only a threat. Should that disc actually contain ANYTHING damaging to Trump, it would have been on every news station in the world already. I claim, “BULL CRAP”!
To paraphrase The Hilldog, "What difference, at this point, does it make? Was it a horny billionaire out for an evening of fun, or was it a honey trap to gain notoriety and money?"
The search for the Austin bomber showed us that the FBI, ATD and other agencies have the technological resources to track down persons and where and where certain events occurred.
Those same resources can be used by the Feds to track down that disc and destroy it.
This comes down to honesty. Trump denies it happened. Porn star said it did. We will see who is right.
Depending on the facts, This could also be a problem under Rule 5-120 and Rule 3-210 of the California Rules of Professional Conduct. I believe anyone can file a complaint with the California Bar when if an Attorney engages in misconduct.
I must be old or something, I remember when blackmail was done in secret because it was against the law.
Seems to me most of this society destroying deep state stuff could be wiped out by simple enforcement of the law.
Surprisingly even my wife does not care about Trump’s life before he became President. What we care about are his policies and actions as President in the hope of saving America. This open attempt at blackmail and/or publicity seeking is being supported by a rabid press and “deep state” in order to destroy Trump. One has to wonder, “Is this being used to force Trump to sign the Omnibus bill?” Incidents such as this are why we looked for morality and fidelity in the past and should look for those traits again in the future.
“While not explicitly stated, Avenatti appeared to suggest that the disc may contain photographic evidence of Daniels’ alleged affair with the president.”
Got nothing here. Just by allowing the reader to think dirty thoughts doesn’t do anything. And because the disc doesn’t create a crime in itself as it was between two consenting adults, one hooker and one businessman that happens in Las Vegas hundreds of times a night, big deal.
About the only thing it truly displays is that our GOP president has better taste and is a better planner than Bill Clinton with Trump’s choice of tryists. After all, which is the better choice for a one nighter, a porn actress or an 18 year old employee of the liberal white house. Both were not miss right, but were miss right now. Another time when Trump chose to put America first. Even before he was the POTUS.
rwood
Even the threat itself is criminal, it’s called blackmail and they ought to start arresting people over it because this has gotten ridiculous.
I am amazed a “lawyer” will go so far as to blackmail the President with his little “friend” Anderson Cooper.
And that relationship is bound to be an interesting one.
Avenatti was a member of a law firm in LA, but for this case, had to “go it alone.”
Why would that be?
Fake Obama created using AI video tool - BBC News
The old method would be to get a look-a-like and film the two in a dark room.
hubby did a search last night and found Stormy did a porn with ‘not trump’ a while back.
Probably before her poly - so she could say that she ‘slept with Trump’.
Funny thing, she’s claiming to have slept with Trump the same nights that the playboy floozie is claiming. LOL