TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

Does the Britney "Sex Tape" Really Exist?

11/14/2006 1:55 PM PST BY TMZ STAFF

Internet posts about an alleged Britney Spears and Kevin Federline sex tape are nothing new. For the record- both Brit and K-Fed have previously denied (in sworn court documents no less) that a sex tape featuring the two of them does not exist.


But, the "story" has moved beyond obscure blog sites and message boards onto the digital pages of the Philadelphia Daily News. Their headline exclaims: "K-Fed dangling Brit sex video in custody row." According to a British tabloid, Federline is allegedly using a tape of the former couple engaged in various demonstrations of, ahem, showing their love for each other. This whole affair reminded me of my law school days and in particular a legal theory called "extortion." We've all heard the term thrown around movies, tv shows and news stories. But, what does it really mean? Well, under the California Penal Code, it means the following:

"Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of official right."

The Code further defines "fear":

"Fear, such as will constitute extortion, may be induced by a threat, either:

1. To do an unlawful injury to the person or property of the individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace or crime; or,
4. To expose any secret affecting him or them."

So, let's read all this together in plain English. A person could be found guilty of extortion by obtaining the property of another (for example, money) by wrongful use of fear caused from threats of exposing "disgrace" or "any secret" about the person who is handing over the property to avoid the exposure. So, basically, if I were to say to someone "give me money" or I'll tell the world about your secret, whether that secret is a "disgraceful" one or not, I could be found guilty of extortion and sent to jail. To wit, if someone was separating from a major music star who is poised for a big comeback, it is quite likely that any little secrets they had about naughty sexual romps, particularly if captured on video tape, could instill some "fear" in a star who didn't want the world to know about these kinds of exploits.

I look to legal concepts here not to accuse anyone of anything, since we don't know all the facts, but simply to provide one framework to view this type of alleged behavior. Now, is it possible that someone is dumb enough to publicly act in a way that brings into question the criminal penal code? I'll leave that one for you to answer for yourself. Now, nothing in the legal world is ever "cut and dry" -- but it doesn't take a rocket scientist (or a lawyer!) to see how one could quickly find themselves in legal jeopardy if they made demands for money based solely on their ability to expose a dirty little secret. That leads me to believe the tape may not exist since I can't imagine someone being this dumb. Or, if it does exist, I can't imagine someone being simple-minded enough to use it to obtain more money in such a high profile split. Then again, maybe there is someone out there this dumb.

COMMENTS

No Avatar

1.

PK26    

and we know that this someone (k-fed) is this dumb??? Not really a surprise if you ask me.

2901 days ago
2.

h8er#1    

So maybe Fed-Ex could end up in jail for extortion? We'd all love to see that!!! I somehow doubt that will happen. Anyway, a sex tape wouldn't hurt Britney's career any more thatn it hurt Parisite. It isn't like Britney is claiming to be a virgin any more. I hope she doesn't offer him a cent for that tape, if it exists.

2901 days ago
3.

Danielle    

i say let him relaease the tape britney! she's britney spears if she can come back from being married to a golddigging loser like kevin she can so come back from a sex tape, hell it may even help sell albums!

2901 days ago
4.

Jeannie    

We are now seeing the true K-Fed. What a jerk! Even if he has no respect for the mother of his children where are his moral values for what this will do to the children he says he loves and is "fighting for custody". The world will now watch to see what kind of a man or snake K-Fed really is. I'm not a fan of Britney Spears but this is just WRONG!

2901 days ago
5.

Leah    

Considering that it's a tape that HE is in as well, it's his property as well as hers. She can't do anything if he chooses to sell it. Not to mention that no court would rule in her favor on this (as she has already seen). Considering the millions of dollars of gifts she's given him and the Chaotic series, I doubt she could prove that she was not a willing participant in taping it and giving it to him.

2901 days ago
6.

Tiffany    

I am not a Britney Spears fan either but this is ridiculous...but it shouldn't surprise us because look what he did to Shar Jackson. She should have known he was a no good loser! She should have left him a long time ago, now because her involvement with him she is the butt of all jokes. Who is really going to take her serious? Since she decided to get married and have kids, she lost her fan base, which were pre-teens. They cannot relate to her at all. She should have waited for the family life because to me she really isn't all that talented. When she was popular she should have rode the wave until it died out.

2899 days ago
7.

amy    

I think that even though he is in the tape, britney is in it as well so if he wants to release it, britney has to agree too since both of them are in it. Isnt it like a law to censor peoples face if they do not agree to being shown or something? Paris tried to sue that guy that sold the sex tape of her and if there is a sex tape of brit, i think she can sue too.

2894 days ago

Around The Web