Difference between Blackmail vs Extortion

Extortion vs. Blackmail – What’s the Difference?

Blackmail and extortion are criminal offenses involving threats to gain something of value from another person. However, there are some critical differences between the two offenses.

Blackmail

Blackmail involves threatening to reveal embarrassing, damaging, or incriminating information about someone in exchange for something of value. For example, if someone threatens to release compromising photos of another person unless they pay a large sum, that would be considered blackmail.

Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both. – 18 USC § 873

The threat of harm is typically related to the information the perpetrator possesses and is often aimed at damaging the victim’s reputation, relationships, or social standing.

For example, if a perpetrator has compromising photos or videos of a victim and threatens to release them unless the victim pays them money, that would be considered blackmail. Similarly, if a perpetrator has evidence of illegal activity by a victim and threatens to expose it unless the victim pays them off, that would also be considered blackmail.

Examples of Blackmail

Blackmail is a serious crime that can cause significant harm to individuals and organizations alike. To better understand this illegal act, let’s delve into some real-life scenarios where blackmail was employed.

The Celebrity Scandal

One of the most common instances of blackmail involves celebrities. Paparazzi photographers may capture compromising photos or videos of a famous person in a private setting. The blackmailer threatens to release these materials unless a hefty sum of money is paid. The victim is caught in a vulnerable position, as the exposure of such intimate moments could potentially ruin their reputation and career.

The Corporate Conspiracy

In the business world, blackmail can occur in high-stake situations. Imagine a powerful executive who has access to confidential company information. This individual might threaten to leak sensitive data to competitors unless they are given a substantial amount of money or other benefits. The victim, whether it be a fellow employee or the entire organization, is left with limited options and may succumb to the blackmailer’s demands to protect their interests.

The Online Predator

With the advancements in technology, blackmail has found a new playground in the digital realm. Online predators may pose as potential romantic partners or friends, gaining the trust of their victims. Once they have obtained compromising photos, videos, or personal information, they use it as leverage. The blackmailer then demands money, gifts, or even more explicit content under the threat of exposing the victim’s secrets to friends, family, or online communities.

Extortion

Conversely, extortion involves threatening violence, harm to property, or some other criminal activity to obtain something of value. For example, if someone threatens to harm another person’s family or burn down their business unless they pay protection money, that would be considered extortion.

Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both; but if the amount so extorted or demanded does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both- 18 USC § 872

Both blackmail and extortion can involve threats of physical harm, financial harm, or official penalties. However, extortion is generally more likely to include threats of physical harm or damage to property, while blackmail is more likely to have financial or reputational harm threats.

For example, in extortion, a person may threaten to harm someone physically or damage their property if they do not comply with their demands for money or other valuables. In contrast, in blackmail, a person may threaten to reveal damaging or embarrassing information about someone if they do not comply with their demands for money or other valuables.

In extortion, the perpetrator typically demands something of value from the victim and threatens to cause harm if the victim does not comply with their demands. The threat of harm can take many forms, including threats to take legal action against the victim, such as revoking their professional license, ruling against them in a pending lawsuit, or using their influence to sway a government decision against the victim.

As another example, if a perpetrator threatens to file a false report with a government agency to get a victim’s professional license revoked unless they pay a large sum of money, that would be considered extortion. Similarly, if a perpetrator threatens to use their connections with a judge to influence a pending lawsuit against a victim unless they comply with their demands, that would also be considered extortion.

Examples of Extortion

Extortion is a serious criminal act that can have devastating consequences for the victims involved. To better understand this illegal behavior, let’s delve into some real-life examples of extortion that have occurred in various contexts.

Corporate Extortion

In the business world, extortion attempts can target companies of all sizes. One notable case involved a multinational corporation receiving a threatening email demanding a substantial sum of money. The potential extortionists threatened to release sensitive company data to the public, which could have seriously damaged the company’s reputation and financial stability. This example demonstrates the significant impact that extortion can have on businesses.

Celebrity Extortion

High-profile individuals are often targeted by extortionists seeking financial gain or personal advantage. Take, for instance, a famous actress who received a letter threatening to release compromising photos unless a hefty ransom was paid. This unfortunate incident highlights the vulnerability of public figures and the lengths that certain individuals will go to exploit their fame.

 Online Extortion

With the rise of the internet, extortion has found a new platform to thrive. Cybercriminals may use various methods, such as hacking personal accounts or employing ransomware, to extort money from unsuspecting victims. For instance, a small business owner might receive an email demanding a ransom in exchange for restoring access to their critical business files, which were encrypted by malicious software. These types of online extortion cases underline the importance of cybersecurity and vigilance in today’s digital landscape.

Political Extortion

In the realm of politics, extortion can be employed as a means to manipulate or control individuals in positions of power. Politicians may receive threats to expose damaging information or release compromising photographs unless they comply with certain demands. These instances illustrate how extortion can infiltrate even the highest levels of government and have far-reaching consequences.

Differences between Blackmail & Extortion

In general, the critical difference between blackmail and extortion is the nature of the threat. Blackmail involves a threat to reveal information that could be damaging or embarrassing, while extortion is a threat of physical harm or property damage.

1. Nature of the threat: In blackmail, the threat is typically to reveal embarrassing, damaging, or incriminating information about someone if they do not comply with the demands. In contrast, in extortion, the threat is usually physical harm, property damage, or some other type of criminal act.
2. Type of demand: In blackmail, the demand is usually for money or something else of value. In extortion, the demand may also be for money, but it can also be for other things such as property, services, or concessions.
3. Intent: In blackmail, the objective is to obtain something of value from the victim by threatening to reveal damaging or embarrassing information. In contrast, in extortion, the intent is to obtain something of value by using threats of harm or other criminal acts.
4. Level of seriousness: Blackmail and extortion are both serious crimes, but extortion is generally considered a more serious offense because it involves threats of physical harm or other violent acts.

Penalties

The penalties for blackmail and extortion can vary depending on the jurisdiction, the specific circumstances of the crime, and the severity of the harm caused to the victim. Both offenses are considered serious and can result in significant legal penalties, including imprisonment and fines.

In the United States, for example, the penalties for blackmail and extortion can vary widely depending on the state and the specific circumstances of the crime. In some states, both offenses may be charged as felonies, while in others, they may be charged as misdemeanors.

Texas

In Texas, blackmail and extortion are generally charged as Class A misdemeanors, which are punishable by a fine of up to $4,000 and a jail sentence of up to one year. However, if the value of the property or services threatened to be taken or withheld is worth $2,500 or more, or if the threat is made to a public servant to influence their official action, the offense is considered a third-degree felony, which can result in a prison sentence of 2 to 10 years and a fine of up to $10,000.

California

Blackmail in California is a felony offense, and if convicted, you can face imprisonment for up to three years, fines of up to $10,000, and restitution to the victim. In some cases, blackmail may be charged as a misdemeanor, resulting in up to one year in jail, a fine of up to $1,000, and restitution to the victim.

Extortion in California is also a felony offense, and if convicted, you can face imprisonment for up to four years, fines of up to $10,000, and restitution to the victim. If the victim is a public official or the extortion involves a threat to commit a violent felony, the penalties can be increased to up to seven years in prison.

If you are facing charges related to blackmail or extortion in California, seek the advice of a qualified criminal defense attorney who can help you understand the charges and develop a defense strategy tailored to your specific circumstances.

New York

Blackmail is typically charged as a felony in New York and is punishable by up to four years in prison. If the value of the property or services threatened to be taken or withheld is worth more than $1,000, then the offense is considered grand larceny, which is punishable by up to 20 years in prison.

Extortion is also a felony offense in New York and is punishable by up to four years in prison. However, if the threat involves physical harm or damage to property, the penalty can be increased to 25 years in prison.

FAQs about Extortion vs. Blackmail

What Forms of Blackmail Are Illegal?

Blackmail is an illegal act that involves threatening to reveal information about someone for personal gain or revenge. In the U.S., all forms of blackmail are illegal in most states, including written and verbal threats, physical violence, and emotional blackmail.

What Are Four Types of Extortion?

Extortion is a type of criminal activity related to blackmail, whereby the perpetrator would seek money or valuables by threatening to commit a crime or expose embarrassing or damaging information about the victim. The four main types of extortion include:

1. threats of physical violence
2. damage to reputation or property
3. financial ruin
4. public humiliation.

Is Blackmail a Federal Offense?

Yes, blackmail is considered a federal offense. All forms of blackmail, whether verbal, written, or involving physical violence, can carry severe penalties, including fines and prison time.

What Are Two Types of Extortion?

The two main types of extortion are economic extortion and political extortion. Economic extortion involves demanding money or goods in exchange for protection against physical harm, property destruction, or other unwanted services. Political extortion occurs when political figures threaten retribution if their demands are not met.

What Is the Difference Between Racketeering and Extortion?

Racketeering is a form of organized crime that typically involves fraud, bribery, money laundering, and numerous other criminal activities, whereas extortion is mainly focused on obtaining money or goods through threats or intimidation. Although racketeering is often associated with extortion, they are distinct offenses under the law.

Is Emotional Blackmail Illegal?

Emotional blackmail is a form of manipulation that seeks to control another person’s behavior using guilt, fear, or intimidation. While it may not necessarily be considered a crime under the law, it can have serious psychological effects on the victim and should be taken seriously.

What Is an Example of Emotional Blackmail?

An example of emotional blackmail would be someone threatening to end a relationship unless their demands are met. It could also involve making ultimatums like “If you don’t do what I want, then I will never talk to you again.” This type of coercive behavior can be damaging to relationships and should always be handled with care and respect.

What can the police do about blackmail?

The police can investigate and prosecute cases involving blackmail if sufficient evidence is provided. They can also work to provide support for victims and witnesses in order to help bring the perpetrators of blackmail to justice.

How do you prove blackmail?

In order to prove blackmail, the prosecution must show that a person made an explicit or implicit threat to expose embarrassing or damaging information about another person with the intent of obtaining some sort of advantage from them. Evidence must be presented in the form of any written or verbal statements, emails, texts, etc., that are relevant to the case.

Who investigates blackmail?

Investigations into blackmail are typically carried out by law enforcement authorities such as the police, FBI, or other federal agencies.

Should blackmail be reported to the police?

Yes, it is important to report cases of blackmail to the police in order to ensure that justice is served. The earlier a report is made, the easier it may be for the authorities to track down and prosecute the perpetrator.

What are the 3 types of racketeering?

The three main types of racketeering are:

1. extortion
2. bribery
3. money laundering

Extortion involves using threats or violence to obtain money or property from someone; bribery involves offering favors or payments in exchange for influence or services; and money laundering is the illegal moving or hiding of money obtained through criminal activities.

How do you fight against extortion?

Extortion can be fought by reporting it to the authorities and working with them to collect evidence and build a case against the perpetrator. It is also beneficial to seek professional legal advice or assistance when dealing with extortion.

What is the best defense for extortion?

The best defense against extortion is prevention: avoiding situations where one could be vulnerable to extortion attempts. If you find yourself in a situation where someone is trying to extort you, it is important to remain calm and contact the police immediately in order to ensure that justice is served and hopefully prevent further attempts at extortion.

Conclusion

In summary, while both offenses involve using threats to obtain something of value from another person, the nature of the threat, the type of demand, the intent, and the seriousness of the offense are some critical differences between blackmail and extortion.

Both blackmail and extortion are serious crimes that can result in significant legal penalties, including imprisonment and fines. If you are facing charges related to either offense, it’s important to seek the advice of a qualified criminal defense attorney who can help you understand the charges and develop a defense strategy tailored to your specific circumstances.