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STATE v. PAULING

No. 71794-0.

69 P.3d 331 (2003)

149 Wash.2d 381

STATE of Washington, Petitioner. v. Molotov F. PAULING, Respondent.

Supreme Court of Washington, En Banc.

Decided May 22, 2003.

Attorney(s) appearing for the Case

David Thiele, Everett, James Krider, Snohomish County Prosecutor, Seth Fine, Deputy, Everett, for Petitioner.

Washington Appellate Project, Thomas Kummerow, Seattle, for Respondent.

IRELAND, J.

Molotov Pauling was convicted of second degree extortion under former RCW 9A.56.130 (1975) for threatening to disseminate and, in actuality, disseminating nude photos of a former girl friend to collect a valid $5,000 small claims court judgment he had against her. The Court of Appeals, stating that the statute lacked a requirement that the threat be wrongful, declared former RCW 9A.56.130 unconstitutionally overbroad because it prohibited threats that...

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