Blackmail: Meaning, California Laws, Penalties & Legal Defense

Blackmail refers to using the threat of disclosing particular information to coerce someone into taking a specific course of action. This is an extortion offense. Blackmail is illegal under both federal and state laws. Blackmail is coercing or extorting someone to get money, property, or services unless the victim satisfies certain criteria. This is often a criminal infraction punishable by more than a year in jail and large penalties. Blackmail is a threat to do something that would bring shame or financial loss unless a person satisfies specific conditions. The danger might include divulging private or sensitive information that may cause shame, any financial injury, any false accusation, or a threat to the reporting of a crime.

Key Takeaways

• Blackmail is a serious criminal crime punishable by both fines and imprisonment.
• To establish blackmail, a threat must be made. Furthermore, it must be demonstrated that the culprit is meant to inflict hurt or damage to the person or entity.
• Blackmail is considered an offense regardless of how clear, overt, subtle, or implicit the behavior is.
• The ingredients of blackmail include the requirement to prove unreasonable demands, the use of threats, and the purpose to gain or inflict loss.

Jane, an employee at a prestigious law firm, discovers through accidental email correspondence that her colleague, John, has been engaging in insider trading, a serious violation of securities laws. Realizing the potential consequences for John if this information were to become public, Jane decides to exploit the situation for her own benefit. She approaches John and subtly hints at her knowledge of his illegal activities, insinuating that she could report him to the authorities. Jane then lays out her demands: she wants John to secure her a promotion to partner within the firm, along with a substantial bonus, in exchange for her silence. Jane makes it clear that if John fails to meet her demands, she will not hesitate to expose his insider trading scheme to the firm’s partners and regulatory authorities.

Here is an explanation to the example:

• Discovery of Illegal Activity: Jane discovers that her colleague, John, has been involved in insider trading, a criminal offense under securities laws.
• Exploitation of Knowledge: Jane recognizes the leverage she holds over John due to her knowledge of his illegal activities and decides to exploit it for her own benefit.
• Coercive Demands: Jane approaches John and communicates her demands for a promotion to partner within the firm and a substantial bonus, using the threat of reporting his insider trading to coerce compliance.
• Threat of Exposure: Jane explicitly states that if John does not meet her demands, she will expose his insider trading scheme to the firm’s partners and regulatory authorities, thereby causing him significant legal and reputational harm.

This example illustrates a clear case of blackmail, where Jane uses her knowledge of John’s criminal activities to manipulate him into fulfilling her demands. By threatening to expose his wrongdoing, Jane coerces John into taking actions that benefit her, demonstrating the key elements of blackmail: the use of threats, coercion, and intent to gain personal advantage.

In California, blackmail is a form of extortion. It is important to note that in order for the defendant to be held accountable for extortion in California, the victim must actually comply with the defendant’s demands. If the victim declines, it is not considered extortion. However, it is still possible to try extortion.

In California, extortion is classified into five types based on the sort of threat made:

• Extortion by force or terror (Penal Code 518 PC)
• Extortion by signature (Penal Code: 522 PC)
• Extortion by threatening letter (Penal Code 523 PC)
• Extortion by masquerading as a kidnapper (Penal Code 210 PC)
• Extortion by fraudulent court order (Penal Code 526 PC)

Extortion and blackmail are quite similar. Many states have laws against blackmail and extortion. The distinction between extortion and blackmail is the following:

• Blackmail is a crime based on information, whereas extortion is essentially a crime of force.
• Extortion is the act of obtaining anything (such as money, property, or services) from another person using violence, threats, intimidation, abuse of power, or other types of coercion. In contrast, blackmail is the act of extorting money from someone.
• Blackmail is frequently seen as a subset of extortion rather than a synonym for the term. Extortion is a more broad phrase than blackmail.
• Extortion and blackmail are both illegal under federal and state law in the United States. These phrases are closely linked in the legal context. In federal law, they are used interchangeably to refer to the same crime, a misdemeanor.
• Extortion is the threat of bodily injury or property damage, whereas blackmail is the threat of revealing sensitive or harmful information (true or false).
• Because the substance of both threats is so similar, many states have criminal statutes that address both simultaneously.

1. California Penalties

• In California, blackmail is a type of extortion that uses force or terror. This sort of extortion is a criminal violation that can lead to:
• Possible penalties include four years in jail and/or a $10,000 fine.

2. Federal Penalties

• Violations of the federal Hobbs Act can result in up to twenty years in federal prison. Furthermore, an extortion conviction can serve as a predicate offense under other criminal statutes, most notably the Racketeer Influenced and Corrupt Organizations Act (RICO).
• Meanwhile, breaching 18 U.S.C. 873 can result in up to one year in federal prison, $100,000 in penalties, or both.

3. Colorado penalties

• In Colorado, blackmail is considered an illegal extortion. Convictions for blackmail bring sentences ranging between 2-6 years in jail.

One sort of blackmail that is growing increasingly popular is threatening to publish personal images or films of someone if they refuse to pay, submit further photos or videos, or comply with any other demand.

Also known as “webcam blackmail,” this type of blackmail occurs when the putative blackmailer coerces the victim into an online connection or hacks into their computer to gather private information.

The following defenses can be used:

1. Absence of Threat: The defense may argue that no explicit threat was made by the defendant against the victim.

2. Victim’s Awareness of Inability to Carry Out Threat: The defense may assert that the victim was aware or should have been aware that the defendant lacked the capability or means to carry out the threat.

3. False Accusations by the Victim: The defense may claim that the victim falsely accused the defendant of blackmail for personal gain or ulterior motives, such as revenge or financial benefit.

4. Lack of Intent to Coerce: The defense may argue that the defendant did not have the intention to coerce or force the victim into compliance with their demands.

5. Ineffectiveness of Efforts: The defense may contend that any actions taken by the defendant were ineffective in achieving the desired outcome or providing any advantage to the defendant.

What are the essential elements of blackmail?

• making unwarranted demands;
• use of threats; and
• intention to cause a loss or obtain a gain.

What does the prosecution have to prove in a blackmail case?

• The defendant threatened harm to the victim or a third party.
• The threat was unwarranted and reasonable.
• The victim took the threat seriously due to a vulnerability known to the defendant.
• The person threatened the victim with the intention of making a demand.

Is blackmail considered controlling?

One might get into a cycle of allowing the blackmailer to dictate his or her decisions and actions, caught in what Doris Lessing characterized as “a sort of psychological fog.”

Is emotional blackmail a crime in the US?

Emotional blackmail is not explicitly defined as a crime in US laws, but actions stemming from it, such as coercion or manipulation, may violate other laws like harassment or domestic violence statutes.

Is emotional blackmail a type of abuse?

In relationships, emotional blackmail is a type of abuse that can force us to live in a perpetual state of shame and dread, leading to despair, anxiety, low self-esteem, loss of identity and integrity, and difficulties connecting with other people.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.