Can You Press Charges for Online Blackmail?

Can You Press Charges for Online Blackmail?

Being blackmailed online can be a scary and frustrating experience. You may feel violated, angry, ashamed, or powerless. But there are steps you can take to report online blackmail and potentially press charges against the perpetrator.

What Constitutes Online Blackmail

Online blackmail involves someone threatening to publicly share private, potentially embarrassing information about you unless you meet their demands. This could include:

• Threatening to send sexually explicit photos or videos to your friends and family unless you pay them money
• Threatening to reveal medical conditions, sexual orientation, immigration status, or other personal details unless you comply with requests
• Demanding more illicit photos/videos or sexual acts under threat of exposure

The blackmailer may be a stranger who hacked your account, an ex-partner seeking revenge, or someone posing as a love interest to manipulate you. Their goal is exploitation through intimidation and fear.

Is Online Blackmail a Crime?

Yes, blackmail and extortion are illegal. While laws vary between states, blackmail generally involves:

• Unlawfully demanding money, goods, or services using threats or intimidation
• Threatening to accuse someone of a crime or ruin their reputation unless demands are met

Online blackmail uses technology like smartphones, computers, and the internet to make threats and demands. But the nature of the crime is the same.

Specific laws like Video Voyeurism Prevention Acts also make it illegal to take, distribute, or threaten to distribute sexually explicit photos or videos without consent.

Can You Press Charges for Online Blackmail?

In most cases, yes, you can press charges if you are being blackmailed online, even if you’re a minor. Steps to take include:

1. Reporting it to the police and filing a report
2. Contacting the FBI Internet Crime Complaint Center (IC3)
3. Reporting it to the website or app where the blackmail is happening
4. Consulting a lawyer to understand your options

The police report creates a formal record of the crime taking place. The website or app may also take action like blocking or banning the blackmailer. And documenting everything ensures you have evidence to support criminal charges or even a lawsuit for damages.

What Evidence Do You Need?

Save and document any digital evidence like:

• Screenshots of messages or posts from the blackmailer
• Records of any transactions if you paid money
• The dates/times of contact or threats
• Copies of photos, videos, audio files, etc. they are using to threaten you

This evidence will help prosecutors demonstrate criminal intent if charges are filed. It also protects you from counter accusations.

What If You Sent or Posted Illicit Photos?

You can still report being blackmailed, even if you shared intimate photos or content consensually at first. The blackmail itself is illegal.

However, you may get questions or warnings from authorities about sharing explicit media going forward. They need all details to build a solid case against the perpetrator.

While laws against revenge porn and victim-blaming attitudes are improving, an experienced lawyer can advise you on strategy to minimize self-incrimination risks while pursuing justice.

What Happens If Charges Are Filed?

If the authorities determine there is enough evidence, they may make an arrest and refer the case to a prosecutor. If the prosecutor files formal charges, the next steps typically include:

1. The accused will be asked to enter a plea at an arraignment hearing
2. Prosecution and defense prepare evidence and question witnesses
3. A criminal trial proceeds before a judge or jury
4. The verdict determines guilt and punishment if found guilty

Punishments if convicted can include fines, probation, counseling, community service, jail time, prison sentences, and having to register as a sex offender.

Can You File a Civil Lawsuit?

In addition to criminal charges, victims can sometimes take legal action by filing a civil lawsuit against the blackmailer. This involves suing them for monetary damages.

A lawyer can advise if you have grounds to sue for things like:

• Intentional infliction of emotional distress
• Defamation
• Harassment
• Violation of privacy

If successful, the court may award money to compensate for your losses.

What Defenses Could the Blackmailer Use?

Some defenses blackmailers attempt if facing charges are:

• Free speech – They may claim threats were protected under free speech. But true threats of violence or illegal acts are not protected speech.
• False accusations – They could assert you misinterpreted jokes or hyperbole. But the prosecution will use evidence testing credibility.
• Consent – They may argue that you permitted sexual conversations, photos, access to devices, etc. Freely given consent undermines blackmail claims.
• Self-defense – In rare cases, they may claim you threatened them first and they responded proportionally.

These defenses put more scrutiny on the accuser’s choices and behavior. Working with a lawyer helps avoid pitfalls.

How Can You Protect Yourself from Online Blackmail?

While the blame lies fully with predators who blackmail, some basic precautions can help deter them:

• Be wary of aggressive romantic overtures from strangers online
• Enable strong privacy settings on social media accounts
• Use secure browsers and VPNs when accessing sensitive info
• Avoid sharing compromising photos or videos with those you don’t fully trust

And if threatened, get help right away instead of giving in to demands. The earlier it’s reported, the more options you have for stopping it.

The Outlook If You’ve Been Blackmailed

Being blackmailed online leaves victims feeling scared, helpless, and ashamed. But there are people standing by to support you, like:

• Law enforcement
• Lawyers
• Counselors and therapists
• Advocacy groups like Cyber Civil Rights Initiative
• Friends and family

And by pressing charges, you take back power and reduce the risks for other potential targets. With time, determination, and self-care, you can recover and thrive.