Wynn Las Vegas Hotel

FN10. Pegasus v. Bellagio Las Vegas Hotel, 118 Nev. 706, 714, 57 P.3d 82, 87 (2002).

The State argues that for purposes of extortion, a statement does not have to be false to be libelous. However, the cases cited by the State for this proposition involve statutes distinguishable from Nevada's extortion statute. The statutes in question did not contain a libel provision and the true statements fell under other categories of the statutes. [FN11]

FN11. See United States v. Von der Linden, 561 F.2d 1340, 1341 (9th Cir.1977) (appellant charged with threatening to injure the property and reputation of another); People v. Goldstein, 84 Cal.App.2d 581, 191 P.2d 102, 106-07 (1948) (appellant charged with threatening to accuse another of a crime); State v. Workman, 14 Ohio App.3d 385, 471 N.E.2d 853, 860-61 (1984) (appellant charged with threatening to expose any matter tending to subject another to hatred, contempt, or ridicule, or to damage his personal or business repute, or to impair his credit); Wood v. Com., 8 Va.App. 560, 382 S.E.2d 306, 307-08 (1989) (appellant charged with threatening to injure the character of another).

We conclude that a statement must be false to constitute libel under the extortion statute. Thus, a demand for money to refrain from publishing a true claim of common heritage does not constitute extortion by libel. We now turn to whether a claim of common heritage would meet some other theory of extortion under the statute.

Revealing or falsely claiming that you are an individual's illegitimate half-brother may fit within the statute's exposure to disgrace provision. A true claim of common heritage might also be a "secret" under the statute. Neither term is defined in Nevada's criminal statutes.

A dictionary defines "disgrace" as "to humiliate" or "to cause to lose favor or standing." [FN12] California, which has an extortion statute similar to Nevada's, has defined "secret" to mean:

FN12. Webster's Collegiate Dictionary 332 (10th ed.1993).