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What are the 3 Types of Blackmail?
Though blackmail can occur across a range of different circumstances, the crime can typically be classified into 3 main types:
Extortion
The wrongful use of actual or threatened force, violence, or intimidation to gain money or property from an individual or entity. Most cases of extortion involve a threat being made to the victim’s person or property, or to their family or friends. While the threat of violence or property damage is common in cases of extortion, it can also involve reputational harm or unfavorable government action.
Coercion
A person is guilty of coercion when they compel or induce another person to engage in conduct which the latter has a legal right to abstain from engaging in or to abstain from engaging in conduct in which he or she has a legal right to engage, and when he or she thereby compels or induces the victim to:
- Commit or attempt to commit a felony.
- Cause or attempt to cause physical injury to a person.
- Violate his or her duty as a public servant.
Commercial Pressure
Exists when one party to a commercial transaction is in a stronger bargaining position than the other party. In most cases, a party faced with a 'take it or leave it' attitude, or an unwarranted, unreasonable demand for an increase in the contract sum, can source the subject matter of the contract from elsewhere and sue the other party for breach of contract.
What are Some Examples of Blackmail?
Some common examples of blackmail or coercion include:
- A person threatening to distribute explicit images unless the owner of the photos does something in order to prevent it;
- A person threatening to leak criminal information on an individual unless the victim agrees to endorse a political candidate/cause;
- A hacker holding a computer system hostage unless a business or organization pays a ransom.
What is the Penalty for Blackmail?
In most U.S. states, blackmail is a felony. A conviction can result in imprisonment for 2, 3, or 4 years. It can also lead to a fine of up to $10,000, depending on the level of offense.
FAQs
What elements must be proven to convict someone of blackmail?
To convict someone of blackmail, the prosecution must typically prove that the defendant made a threat to reveal damaging or embarrassing information, that the threat was intended to coerce the victim into providing money, property, or some other benefit, and that the defendant acted with the intent to gain something of value from the victim. Additionally, the victim must have felt compelled to comply with the demands due to the threat.
Is it illegal to threaten to reveal truthful information about someone?
Yes, it is illegal to threaten to reveal truthful information about someone if the threat is made with the intent to coerce them into providing money, property, or some other benefit. The legality of blackmail does not depend on whether the information is true or false but on the act of making a threat to gain something of value.
Can blackmail charges be brought if the victim did not comply with the demands?
Yes, blackmail charges can be brought even if the victim did not comply with the demands. The crime of blackmail is complete once the threat is made with the intent to coerce the victim, regardless of whether the victim actually complies. The attempt to extort through threats is sufficient for criminal liability.
Related Articles:
- Difference Between a Tort and Crime
- Origin of the Term Blackmail (Extortion) Legally Explained
- Can You Go to Jail for Threatening Someone?
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