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Can You Go to Jail for Blackmail?
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Can You Go to Jail for Blackmail?
Blackmail is a serious crime that can land you in jail. But what exactly is blackmail, and how does it differ from extortion? Let’s take a look at the legal definition, penalties, and defenses for blackmail.
What is Blackmail?
Blackmail occurs when someone threatens to expose embarrassing information about you unless you meet their demands. For example, they may threaten to reveal an affair to your spouse, release compromising photos, or disclose a criminal act you committed. The key is that they are using the threat of exposure to try to extort something from you, usually money or other favors.
Legally, blackmail is defined as making an “unlawful demand” with the threat to:
- Expose a secret or publicize an asserted fact about someone that would be embarrassing or would damage their reputation,
- Make an accusation against someone that would subject them to hatred, contempt, or ridicule,
- Harm someone’s credit or business repute.
The threat has to be made with the intention of compelling the victim to act against their will for the blackmailer’s gain. It doesn’t matter if the information is true or false. The mere threat is enough to constitute blackmail in most jurisdictions.
How Blackmail Differs from Extortion
Blackmail and extortion have some overlap, but there are key differences. Extortion always involves obtaining money, property, or services through coercion. Blackmail focuses more on using threats to damage someone’s reputation or get them to act in a certain way.
For example, threatening to reveal private photos unless the victim pays you $10,000 would be extortion. But threatening to reveal the photos unless the victim publicly apologizes to you is blackmail, since you are compelling a specific non-monetary action.
Of course, many blackmail attempts seek money or valuables from the victim. So there is frequent crossover between blackmail and extortion charges.
Penalties for Blackmail
Most states punish blackmail as a felony, although some differentiate based on the severity. Exact statutes and sentences vary.
In California, for example, blackmail is categorized as either a misdemeanor or felony. Misdemeanor blackmail can lead to up to one year in county jail. Felony blackmail brings 2-4 years in state prison.
Federal blackmail charges typically lead to 0-20 years in federal prison depending on circumstances. There are also fines up to $250,000 for individuals or $500,000 for organizations.
Factors that can increase sentences include:
- Prior criminal history
- Sophisticated scheme with multiple victims
- Threats involving violence or weapons
- Amount of money or value demanded
- Abuse of authority or trust
Defenses Against Blackmail Charges
If you are accused of blackmail, there are several legal defenses to fight the charges:
You Didn’t Actually Threaten Anything
The prosecution has to prove you made a threat. If you simply asked for money without making any threats, that is begging, not blackmail. Of course, alleged threats can be subjective, so arguing your words didn’t constitute a real threat may be difficult.
You Had a Legal Right to the Money
It’s not blackmail if you had a legitimate claim to the money or property you requested. For example, asking someone to pay a lawful debt they owe you is not blackmail, even if you threaten to sue them if they don’t pay up.
You Believed the Information Was True
Truth is not a defense against blackmail. However, if you had a reasonable, good faith belief that the damaging information you threatened to expose was true, you may argue you lacked criminal intent. This depends on the specific circumstances.
You Were Joking/Bluffing
If you can show you never seriously intended to follow through on the threat, and were just venting or joking, this could rebut blackmail. But the threat has to be clearly hyperbolic and not credible.
You Were Entrapped
If the supposed “victim” proposed the scheme and persistently pushed you to go along with it, you may argue police entrapment. This is a difficult defense that requires proving police induced you to commit a crime you otherwise wouldn’t have.
Don’t Attempt Blackmail – Seek Legal Solutions
If you have embarrassing information about someone, blackmail seems like an easy way to benefit from it. But it’s a risky crime that can destroy your own reputation and freedom. Even if charges are dropped, just being arrested or going to trial can ruin lives.
Instead of resorting to threats for money or leverage, seek lawful solutions. Consult a civil attorney about options like filing a lawsuit if you have a legitimate legal claim against someone.
Blackmail may seem harmless on TV shows or movies. But in real life, it’s a felony with rigid penalties. If charged, immediately retain a criminal defense lawyer to protect your rights.
At the end of the day, blackmail is an unethical way to try to get what you want. Taking the high road is better for your conscience and your future.