what kind of lawyer for blackmail

Do I need a criminal lawyer for a blackmail case?

Mar 06, 2017 · The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice.

What to do if you are accused of extortion or blackmail?

Nov 13, 2015 · If you mean "how do I know if the conduct a certain person is engaged in is blackmail?" then the proper course of action is to contact a criminal defense attorney. S/he will be able to explain to you whether the conduct involved in blackmail and what you can do to prosecute the offender criminally while protecting your reputation.

What are the laws regarding blackmail?

Blackmail includes a broad range of threats, with few exceptions. ... Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Details for individual reviews received before 2009 are not displayed.

Is blackmail a crime in the US?

Dec 20, 2021 · If an individual is accused of blackmail, extortion, or any other type of crime, they should contact a criminal lawyer immediately. A criminal lawyer will be able to determine what defenses may be available to a defendant as well as represent them in court. Some possible defenses to extortion may include: The defendant was falsely accused;

Can you sue someone for trying to blackmail you?

Although rare, in some states, the crime of extortion can also result in a civil lawsuit for damages under tort law. In these cases, it is necessary to show proof of the threat or violence, proof that the extortion resulted in damage/injury and that the person being sued caused the damage.

Who investigates blackmail?

The Federal Bureau of Investigation (FBI) receives complaints on these issues: Computer intrusions (hacking) Online extortion.

What is legally considered blackmail?

Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. It is a form of extortion.

What level of crime is blackmail?

felonyMost states treat blackmail as a type of extortion or coercion, which involves threats of violence or other harm in order to compel a person to do something. Blackmail is generally classified as a felony, which could result in multi-year prison sentences and large fines.Oct 16, 2021

Does the FBI investigate blackmail?

The FBI, however, will not investigate a case if a state or local law enforcement agency has entered it. The Post Office handles cases involving the mailing of threats to reveal information in order to harm the recipient's reputation.

What can police do about blackmail?

Evidence of Blackmail If the matter escalates to extortion through similar acts against a public official, police may start the investigation immediately and attempt to gather new proof through surveillance and video recordings. Depending on the state's definition of blackmail and extortion, the charges may change.

How do you prove blackmail?

A blackmailer also may threaten to harm you or someone you love unless you pay her money or do something for her. However, proving blackmail requires proof that the blackmailer's intent in threatening you was to get money or something else valuable that you otherwise would not give to him freely.Mar 29, 2019

What to do if someone is blackmailing you?

Here are actionable steps you should take if you are dealing with blackmail:Resist the urge to engage with the blackmailer;Do not try to negotiate or pay the ransom;Preserve all communications and evidence;Enlist support from a trusted person to document the evidence;Adjust your online privacy settings;More items...•Apr 28, 2021

Can someone get in trouble for blackmailing you?

Yes, blackmail can be a criminal offense. It is the crime of threatening to release certain private information, unless the victim meets specific demands. In many states, it is called extortion or theft by coercion. It is generally a felony that can carry over a year in prison for a conviction.Nov 29, 2021

What are the 3 types of blackmail?

Though blackmail can happen in a range of very different circumstances, in most cases it can be classified into three broad types: extortion, coercion, and commercial pressure. Extortion usually involves some sort of monetary transaction in exchange for keeping certain information private.Mar 18, 2022

Is blackmail a serious crime?

Both extortion and blackmail are similar in that prosecutors and judges treat them as serious violations of the criminal laws. The penalty for blackmail can be a sentence of up to 14 years in prison.

Is blackmail a federal Offence?

Blackmail or extortion under 18 U.S.C. § 873 is a federal offense that carries up to one year one year in federal prison, a fine, or both prion and a fine.

How to stop a scammer from blackmailing you?

1. Do not block the scammer. The person blackmailing you has the victim mentality, hence you can expect inconsistent behavior after blocking one. In point of fact, blocking him will only strengthen the abuser's determination to accomplish his or her goal. 2. Do not panic, try to not get outraged. You should try to accept the fact ...

How long can you go to jail for blackmailing?

Inform her or him that the penalty for blackmail can be a sentence of up to 14 years in prison.

Why do you report a crime?

There are solid reasons for reporting a crime. The police departments deal with all types of crime on a daily basis; hence, there is a possibility that the offender will be caught. 5. Tell the scammer criminal consequences of these actions.

Should I accept being blackmailed?

You should try to accept the fact of being emotionally and mentally blackmailed. In case you feel that what is requested of you is not fair, do not take offense even if it doesn't seem right. If you learn to accept pressure in some moments, the blackmailer will retract.

David S. Kestenbaum

if you are the victim of a blackmail you may wish to contact the police only after consulting with an attorney in a confidential setting. More

Daniel Charles Leib

Something's amiss here. If you "think" you're being blackmailed, report it to the police.

Jay Scott Finnecy

Your question is unclear. If someone is blackmailing you, you'll know. If you mean "how do I know if the conduct a certain person is engaged in is blackmail?" then the proper course of action is to contact a criminal defense attorney.

Why is blackmail considered a crime?

Some theories make blackmail a crime because it victimizes the person being threatened. Viewing the threatened person as a victim makes blackmail almost like extortion, because victims are people who are on the receiving end of a criminal act (the threat). But on closer examination, this explanation might not hold up.

How to understand blackmail?

Another way to understand blackmail is to view it as a triangular balance of power, among the threatener, the subject, and a third party whose power has been co-opted by the threatener. This makes blackmail not a crime against the recipient of the threat, but against whatever party would have received the blackmailer’s information had the threat not been made. Here, the blackmailer’s acts either violate the blackmailer’s moral or legal duties towards the third party; or the blackmailer is usurping the third party’s power to regulate or discipline the threat, for the personal gain of the blackmailer. Here are some examples of this theory:

How does blackmail work?

How States Define Blackmail 1 Blackmail includes a broad range of threats, with many exceptions. Most states take this approach, including threats that demand property or money, as well as coercing the victim or a third party to take a particular action. Exceptions are numerous, such as excusing the person who acts (threatens) only to make the other side correct a wrong, stop misbehaving, or return stolen property. 2 Blackmail includes a broad range of threats, with few exceptions. Here, a very narrow group of threateners are given a pass: they are the ones who act only in order to get restitution for a harm done or to get paid for services rendered (“Repay the money you took or I’ll sue,” or “Pay your bill or I’ll file in small claims court”). 3 Blackmail as threats to gain property only, with few exceptions. Here, the demand is for property, excepting only those who demand restitution for harm done, or payment for services rendered or property given. 4 The outliers. A few states, who define blackmailing threats either broadly or narrowly, provide for no exceptions at all.

What is blackmailing power?

The blackmailer is “ stealing” their power to act on the information, using it to extract payment for silence. But the problem with this theory is that it’s not at all clear or accepted that reporting all crime is legally required, let alone morally necessary. Usurping others’ power to use or receive the information.

What is blackmail threat?

Most states take this approach, including threats that demand property or money, as well as coercing the victim or a third party to take a particular action.

How do states define blackmail?

How States Define Blackmail. Although every state has a blackmail statute, they vary widely in two respects: the range of demands, or threats, that are criminalized; and the exceptions that make the conduct not criminal. Here’s a run-down. Blackmail includes a broad range of threats, with many exceptions.

Is extortion a crime?

The crime of extortion is not controversial.

What is the purpose of blackmail?

to reveal sensitive information that is likely to cause financial harm; to accuse a person falsely of a crime; or. to report a person’s involvement in a crime. In order to avoid the threatened action, a blackmail victim must pay money to the blackmailer or perform some other action.

What is blackmail threat?

Blackmail involves a threat to do something that would cause a person to suffer embarrassment or financial loss, unless that person meets certain demands. The threat might include: to reveal private information about a person that is likely to cause them embarrassment; to report a person’s involvement in a crime.

What are the elements commonly associated with blackmail form part of the offense of extortion?

The elements commonly associated with blackmail form part of the offense of extortion, including threats to accuse a person of a crime, expose a person to disgrace or embarrassment, or expose a secret about a person.

What is a threat to report?

A threat to report, or testify against, a person for any violation of federal law, along with a demand for money or something else of value, is considered a federal crime. A conviction could result in up to one year in prison, a fine of up to $100,000, or a combination of the two.

Is blackmail a felony?

Most states treat blackmail as a type of extortion or coercion, which involves threats of violence or other harm in order to compel a person to do something. Blackmail is generally classified as a felony, which could result in multi-year prison sentences and large fines.

Is blackmail a crime in Kansas?

In Kansas, for example, blackmail is a crime against the person, rather than a theft offense. State law defines the offense as a threat to reveal embarrassing or damaging information about a person in order to obtain something of value or coerce someone to act against his or her will.

Is blackmail a form of theft?

Blackmail and extortion are related concepts in criminal law. Extortion is generally considered a form of theft, which involves the threat of physical harm or destruction of property in order to obtain something of value or compel a person to do something.

What is the meaning of "threatening"?

Using force, threats, intimidation to compel another to give you money or property. Using force, threats, or intimidation to compel a public official to perform an official duty. Threatening to expose a victim’s secret involving some kind of scandal, crime, or public disgrace.

What is blackmailing someone?

What Is Blackmail? Blackmail is the act of making threats to someone that, unless they do as you demand, you will reveal private or embarrassing information about them. This information is usually very personal and might cause harm or humiliation to the person or to his family or loved ones.

What to do if you are accused of extortion?

If you are accused of blackmail, extortion, or any crime, you should contact a criminal law attorney immediately. He or she will be able to determine which defenses may be available to you and represent you in court if needed. Possible defenses to extortion may include: You were falsely accused.

Is blackmail a form of extortion?

Blackmail is often considered to be a form of extortion, although the two crimes are actually quite different. Unlike extortion, if you commit blackmail, the action that you are offering to refrain from taking is a legal one.

Is blackmail a crime?

In other words, other than the moral implications of what you are you doing, your exposure of the information at hand is not technically a crime. Blackmail, or using that information to threaten someone else, however, is a crime.

What is the meaning of 18 U.S.C. 873?

18 U.S.C. § 873 describes a specific subset of blackmail or extortion that is a federal offense. For example, this statute provides penalties for any person who demands or receives money, or something of value, made under threats of informing, or consideration for not informing, against violations of federal laws.

What is extortion threat?

A common blackmail or extortion threat prosecuted by a federal prosecutor within the U.S. Department of Justice is for Interstate Communications, under the related statute 18 U.S.C. § 875. This crime involves threats of some type of harm, either economic or physical, that are accomplished by using wire transmissions, like email, text messages, ...

What is the criminal conduct of demanding money from another person in exchange for not reporting something?

In other words, blackmail and extortion is the criminal conduct of demanding money from another person in exchange for not reporting something – or to keep something secret – such as potentially embarrassing information about the person. 18 U.S.C. § 873 describes a specific subset of blackmail or extortion that is a federal offense.

How long is a blackmail sentence?

Blackmail or extortion under 18 U.S.C. § 873 is a federal offense that carries up to one year one year in federal prison, a fine, or both prion and a fine. However, it should be noted the actual sentence will always vary depending on the specific details and factors listed under the United States Sentencing Guidelines, ...

Why did the defendant violate 18 U.S.C. 873?

In this scenario, the defendant violated 18 U.S.C. § 873 because they attempted to extort $50,000 from the victim, even if they never received the money. Let’s take the same scenario and imagine the employee not interested in receiving money from his supervisor. Rather than demanding $50,000, they make threats to expose ...

What is the federal crime of blackmail?

Federal Crime of Blackmail and Extortion – 18 U.S.C. § 873. Generally, the federal crime of “blackmail” has become more commonly known as “extortion.”. The crime of extortion is making threats to do something, or disclose something, that will in some way harm the victim of the threat. Typically, the threat of potential harm is done in an effort ...

Does an employee report to federal agents?

So, the employee actually makes a report to federal agents. In this scenario, even though the employee did makes threats to expose violations of federal law, there was no blackmail or extortion crime due to the facts there was no connection to a demand for money, or anything of value. This last scenario illustrates that not all threats ...

What is blackmail?

Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and may be revealed to family members or associates rather than to the general public.

What is civil liability in blackmail?

Civil liability. A blackmailer who threatens to publish a defamatory statement of and concerning an individual may be liable to be sued after the regulations of the Defamation Act 2013. Offenders of defamation may be taken to court if serious harm is done to the victim. The requirement for serious harm defines:

How long can you be in jail for a blackmail charge?

Section 172 provides that a person who menaces another intending to get the other to submit to a demand is guilty of blackmail, and may be subject to imprisonment (a maximum of 15 years for a basic offence or a maximum of 20 years for an aggravated offence).

What is the meaning of Section 87 of the Theft Act?

Section 87 (3) provides that a person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

What was blackmail before?

Before the enactment of section 21 of the Theft Act 1968, the word blackmail was not a legal term of art. The word was used by lawyers as a convenient way of referring to the offences under section 29 to 31 of the Larceny Act 1916, and those offences were commonly known as blackmail.

What is the offence of blackmail in Ireland?

The offence created by section 17 (1) of the Criminal Justice (Public Order) Act, 1994 is described by the marginal note to that section as "blackmail, extortion and demanding money with menaces". The offence is derived from the offence under section 21 of the Theft Act 1968.

What is the use of threat to prevent another from engaging in a lawful occupation?

Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt.

Extortion vs. Blackmail

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State Blackmail Law

Federal Blackmail Law

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