Blackmail Victims: Understanding Your Legal Rights And Options

Blackmail is a criminal act of coercion that involves threatening to reveal potentially damaging information about a person, their family, or their organisation. This information could be used to cause embarrassment or financial loss. In some cases, blackmail may also involve threats of physical violence or harm if the victim fails to cooperate. Blackmail is illegal under federal laws and all state laws and is punishable by a fine, imprisonment, or both. If you are being blackmailed, it is important to contact law enforcement or the FBI, especially if you believe your life is in danger.

Blackmail vs extortion

Blackmail and extortion are both theft crimes that involve threats and coercion to obtain money, property, or services from a victim. However, there are some key differences between the two.

Extortion typically involves the use of force, violence, or threats to destroy property or harm the victim if they do not comply with the perpetrator's demands. For example, threatening to burn down a store unless the owner pays a sum of money is considered extortion. Most states in the US categorise extortion as a misdemeanour or a felony, depending on the value of the property or the amount of money taken from the victim.

On the other hand, blackmail does not typically involve force or threats of violence. Instead, blackmail involves the perpetrator threatening to disclose embarrassing or incriminating information about the victim that could damage their reputation, societal standing, relationships, or career. For example, demanding money from a celebrity in exchange for not revealing evidence of adultery is considered blackmail.

While the terms are sometimes used interchangeably, blackmail is often considered a specific type of extortion. The specific legal definitions of these crimes depend on federal and state law, and the penalties for violating these laws can include prison sentences, fines, and restitution.

Criminal penalties for blackmail

Blackmail is a criminal act of coercion using a threat. While the specific definition varies across jurisdictions, it generally involves a threat to cause someone embarrassment or financial loss. Blackmail is often considered a form of extortion, and in many jurisdictions, it is a statutory offence carrying punitive sanctions for convicted perpetrators.

In the United States, blackmail is a crime of information, involving a threat to do something that would cause a person embarrassment or financial loss. Federal law prohibits blackmail involving a threat to disclose a violation of federal law. A conviction under this law may result in imprisonment for up to one year, a fine, or both. Additionally, individual states have their own penalties for blackmail or similar offences such as extortion. For example, California imposes a sentence of 2, 3, or 4 years for extortion, while Florida allows for up to 15 years.

In the UK, blackmail is defined as making unwarranted demands with menaces to gain personally or cause loss to another. Under Section 21 of the Theft Act 1968, blackmail is a serious offence that can carry a sentence of up to 14 years in prison.

Being convicted of blackmail can also lead to collateral consequences, such as challenges in obtaining certain jobs. Therefore, it is essential for anyone suspected of or charged with blackmail to consult a lawyer and seek legal advice.

Defences against blackmail charges

If you are facing blackmail charges, it is important to consult a lawyer as soon as possible. Here are some possible defences that an experienced lawyer may be able to use to get blackmail charges reduced or dismissed:

• No Threat Was Made: You may argue that what you said or did was not an actual threat. Without a genuine threat, there is no blackmail.
• No Valuable Demand: Blackmail requires a demand for money or something else of value. If you did not make any unlawful demands, it is not extortion or blackmail.
• Misunderstanding: You may not have intended your words as blackmail, and the alleged victim may have misunderstood your intentions. An innocent mistake is not a crime.
• Legal Right to Payment: If you have a lawful right or claim to the money or property you demanded, it may not be considered illegal blackmail. However, this does not justify the use or threat of violence to recover valuables.
• Coercion or Duress: If you were forced to commit the crime under the threat of harm to yourself or others, this defence may be applicable. To establish coercion or duress, it must be shown that there was no genuine opportunity to escape the duress before committing the offence.
• Violation of Constitutional Rights: If law enforcement violated your constitutional rights during the investigation or arrest, such as through unlawful search and seizure, the evidence obtained may be inadmissible in court.
• Mental Impairment: If you are suffering from a mental impairment, this may be a defence against blackmail charges.
• Factual Dispute: If there is a factual dispute regarding the details of the case, this may be used as a defence.
• Identification Dispute: If there is uncertainty or dispute regarding the identification of the accused, this may be grounds for defence.

Blackmail and technology

Technology has significantly impacted the methods and reach of blackmailers. Social media and dating apps have made it easier to carry out blackmail, allowing a blackmailer to instantly spread rumors or other harmful information about a blackmail victim. Furthermore, artificial intelligence has enabled blackmailers to create phony photos, “deepfake” videos and other content that might falsely put a blackmail victim in a bad light.

The role of technology in modern blackmail cannot be overstated. The ease of access to personal information online has provided new opportunities for blackmailers to exploit. Social media platforms and dating apps, for instance, provide a wealth of personal details that can be used to target victims. Additionally, the ability to connect with people anonymously online makes it harder to identify and track blackmailers.

Artificial intelligence has also played a role in the evolution of blackmail. Deepfake technology, for example, allows for the creation of realistic but false photos and videos that can be used to compromise victims. This technology can be used to create embarrassing or incriminating content that the victim may feel compelled to pay to suppress.

Digital extortion is another way that technology has transformed blackmail. In this scheme, hackers gain access to digital assets such as document files or databases and then demand payment in exchange for their return. This type of blackmail can be highly effective, as individuals and organizations may be desperate to regain access to their important digital information.

Cyber blackmail, a form of digital extortion, involves hackers using various methods to trick victims into giving up money or confidential information. Phishing emails and ransomware attacks are common tactics employed by cyber blackmailers. The consequences of falling victim to cyber blackmail can be severe, including data breaches, financial losses, identity theft, and cyber espionage, says NordVPN.

To protect themselves from modern blackmail, individuals should be cautious about their online presence and personal information. Keeping social media accounts private, regularly updating security software, and creating strong passwords are essential steps to reduce the risk of becoming a victim.

How to report blackmail

Blackmail is a criminal act of coercion using a threat. It is a crime of information, involving a threat to do something that would cause a person to suffer embarrassment or financial loss. Blackmail is often considered a form of extortion, and in some cases, it may be covered in the same statutory provision as extortion.

If you are being blackmailed, you can report it to the police by calling 101. If you are in immediate danger, call 999. You can also report blackmail directly to social media platforms if the blackmail is taking place online. Additionally, if you are a victim of sextortion, you can get help from the Revenge Porn Helpline.

It is important to note that if you are suspected of blackmail, you should consult a lawyer and avoid discussing your situation with law enforcement until you have legal counsel. A conviction for blackmail can lead to jail time and collateral consequences, such as challenges in getting certain jobs.

Each jurisdiction has its own penalties for blackmail. For example, in the United States, under 18 U.S.C. § 873, blackmail carries a maximum penalty of a fine, up to one year of imprisonment, or both.

Frequently asked questions