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Federal Blackmail 18 USC Section 873

Federal Blackmail Law – 18 USC Section 873

The federal crime of blackmail, also known as extortion, is prohibited under 18 USC Section 873. This law makes it illegal to demand or receive money or something valuable in exchange for not reporting a violation of federal law.Blackmail and extortion are serious crimes that can lead to federal criminal charges. Let’s take a closer look at what constitutes blackmail under federal law, penalties, defenses, and related statutes.

What is Blackmail Under 18 USC 873?

The federal blackmail law, 18 USC 873, states that:

“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.”

In simple terms, this law prohibits demanding or receiving money or something valuable in exchange for not reporting a violation of federal law.For example, if someone learns that their boss is committing tax fraud, which is a federal crime, and threatens to report the boss to the IRS unless the boss pays them off, that constitutes blackmail under 18 USC 873.Some key elements of the federal blackmail law include:

• Demanding or receiving money or something valuable: The perpetrator must demand or receive money, property, or another benefit in exchange for silence. Simply threatening to expose a federal crime is not enough.
• Threat of informing or not informing: The threat must relate to reporting or not reporting a violation of federal law. Threatening to expose other damaging information, like an affair, does not fall under this statute.
• Violation of federal law: The threat must pertain to a federal crime, not a state crime. So threatening to report shoplifting would likely not qualify.

Penalties for Federal Blackmail

Blackmail under 18 USC 873 is a felony offense. Potential penalties include:

• Up to 1 year in federal prison
• Fines

Sentencing will depend on the specific circumstances of the case and the defendant’s criminal history. But blackmail is viewed as a serious crime, so the penalties can be severe.In addition to fines and imprisonment, a conviction can also lead to a criminal record, loss of certain rights, and reputational damage.

Defenses to Federal Blackmail Charges

Some potential defenses to federal blackmail charges include:

• No actual threat made: If you did not actually threaten to expose a federal crime in exchange for payment, there is no blackmail.
• No intent: You must have intended to extort money or something valuable through threats. If there was a misunderstanding or no malicious intent, that could undermine the charges.
• First Amendment: Threats of violence are not protected speech. But some courts have found threats to expose crimes to be protected speech in some circumstances.
• Duress or necessity: There may be rare cases where threats were made under duress or out of necessity.
• Entrapment: If you were induced by government agents to commit blackmail you otherwise wouldn’t have, entrapment may apply.

An experienced federal criminal defense lawyer can assess the details of your case and decide if any defenses may apply to get the charges dismissed or reduced.

Related Federal Extortion and Blackmail Laws

There are other related federal laws regarding extortion, blackmail, and threats found in 18 USC Chapter 41:

• 18 USC 875 – Interstate Communications: Prohibits transmission of extortionate threats via interstate communications like phone, mail, or online.
• 18 USC 876 – Mailing Threatening Communications: Prohibits mailing threatening communications, including threats of blackmail.
• 18 USC 880 – Receiving Proceeds of Extortion: Prohibits receiving money or valuables obtained through extortionate means.

The maximum sentences for these crimes range from 2 to 20 years imprisonment.

What to Do if Facing Federal Blackmail Charges

Being charged with any federal crime is extremely serious. Here are some steps to take if you are under investigation for or charged with blackmail:

• Remain silent: Do not speak to investigators without an attorney. What you say can be used against you.
• Hire a federal criminal defense lawyer: These cases require an experienced attorney familiar with federal laws and courts.
• Consider pretrial options: Your lawyer may be able to negotiate dismissal of charges or a plea deal.
• Prepare your defense: Explore whether there are defenses that could apply in your case.
• Seek a plea bargain: Pleading guilty in exchange for reduced charges or a lighter sentence is an option.
• Go to trial: If no plea deal can be reached, you have the right to trial and to force the government to prove the charges beyond a reasonable doubt.

The consequences for a federal blackmail conviction can be severe. With an experienced attorney guiding you, it is possible to minimize penalties or even avoid conviction in some cases. Do not delay in seeking legal help.

Conclusion

Blackmail and extortion are serious federal felonies under 18 USC 873. Threatening to expose violations of federal law in exchange for money or valuables carries steep penalties. But the complexities of these cases also provide opportunities for defense, especially with an experienced lawyer. If you are being investigated for or charged with federal blackmail, it is critical to retain legal counsel immediately to protect your rights. An attorney can carefully assess your case and build the strongest defense.