Indeed, blackmail is considered a punishable act in any state of the United States. The numerous statutes prohibiting blackmail represent a clear position of the judicial system against the practice and have established rules for filing cases of blackmail under different charges such as extortion or coercion.
Which of the two courts will handle the case will depend on the motive of the crime. I remember illustrating the issue in this case when my friend received an email from someone who claimed to have compromising photos. The email included a demand to pay the sender to silence. My friend was terrified and wondered whether it was indeed illegal.
In this guide, you will learn what blackmail is, its definitions and the consequences provided by the U.S. legal system, when a blackmail case is supposed to be classified as federal, and what to do if you or any of your acquaintances turn out to be a victim of blackmail.
Table of Contents
Blackmail and the Law: Is It a Criminal Offense?
Blackmail is considered a crime in every state in the United States. Some states use the term blackmail in their laws, while others use broader concepts in their anti extortion legislation. Nevertheless, the act of pressuring someone into making a payment is a malicious act throughout the country.
At the federal level, 18 U.S.C. § 873 focuses specifically on blackmail and prohibits threats to reveal a federal crime if the victim does not pay or cooperate.
Is online blackmail illegal at the federal level?
The answer is yes if it involves crossing state lines, making a communication over interstate wires, or has to do with something subject to federal law.
What Legally Qualifies as Blackmail Under U.S. Law?
The legal definition of blackmail generally requires three elements working together:
The point here is that not each threat to disclose someone’s misconduct represents an instance of blackmail. Suppose, for example, that an employee discovers his boss has committed securities fraud. If he sends an email to his boss demanding payment in exchange for his silence, this will qualify as blackmail since it involves a clear demand.
However, if instead, the employee simply tells his boss to confess voluntarily, and only when the boss refuses does the employee proceed to inform the authorities, he will not be guilty of blackmail. The key here is that the threat must be combined with a demand in order for blackmail to occur.
This is where many people get confused. They think that a threat by itself constitutes an instance of blackmail. This is simply wrong. You need a combination of intentions in order for something to fall under the definition of blackmail.
Federal and State Blackmail Laws
Federal law that refers to blackmail refers to 18 U.S.C. § 873. However, this law of federal blackmail is narrower than most people think. This law refers to threats of discovering any violation of federal statutes only.
In cases, when someone threatens to disclose any state crime as in the case of shoplifting, it is considered to be related to a state extortion act and not to federal blackmail law.
Federal prosecutors usually deal with a case that falls under this statute as long as the conditions are met:
The law of federal blackmail is a part of a larger chapter of other federal crimes (18 U.S.C. Chapter 41) which contains various prohibitions from blackmail to threats against the President, mail threats, and extortion.
On the contrary, state laws embrace broader blackmail documentation than the federal law does. In California, the law prohibits more kinds of crimes covered by blackmail than federal law does.
Blackmail vs. Extortion: How They Differ Under U.S. Law
In everyday use, people treat the words as interchangeable, and honestly, the overlap is real. Both involve threats used to coerce a benefit.
The distinction usually comes down to how the threat is delivered and what it targets:
Numerous statutes in different states use the term extortion as a general category, while treating a specific form of the same crime that is blackmail.
That’s why blackmail acts can be prosecuted under an extortion act. The wording changes, but the essence of the crime stays the same.
Criminal Penalties for Blackmail
What is the penalty for extortion in the United States? The answer is not precise as it depends on several factors:
Common Examples of Blackmail
Here are a few examples from real life showing how this crime can occur:
What Should You Do If Someone Is Blackmailing You?
There are some serious steps you should take if you ever been threatened like this:
Consult an attorney if the case worsens. An attorney can help you understand your choices and protect your interests, especially when the demand is big or there is any business information involved.
Frequently Asked Questions?
Q. Is blackmail always a crime?
Not necessarily. In some regions, it is possible to be charged with a lesser crime, but blackmail is often considered a serious crime, especially if the blackmail was attempted in a serious manner.
Q. Is blackmail punishable by imprisonment?
Yes. If somebody is charged with blackmail in accordance with federal law, they may spend time in jail, while various states have their own rules regarding blackmail.
Q. Is threatening someone with revealing something considered to be blackmail?
Not unless a demand has been made against a person. Just threatening to say something is not blackmail unless money is demanded in the process.
Q. How is blackmail different from extortion?
Blackmail is about threatening to reveal damaging information, while extortion can also include other threats and methods.
Q. Is digital blackmail considered a crime?
Yes. Just like in the case with all the other blackmail types, it’s illegal.
Q. Can blackmail happen via messages and email?
Of course. The delivery method doesn’t matter for the legality of blackmail, since this crime means that a threat and demand have been made.
Final Thoughts
Is blackmail a crime? Absolutely, in every state and under federal law. The difference is in how blackmail is prosecuted, the degree of punishment, and which law is being applied. If you ever become a victim of blackmail, remember that payment does not usually help but reporting to the authorities, collecting all the evidence, and getting legal help does.
