What is the Difference Between Blackmail and Extortion?

Blackmail and extortion are two crimes that are often confused. Both involve using threats to get money or something else of value from someone. But there are some key differences between blackmail and extortion that are important to understand.

What is Blackmail?

Blackmail is when someone threatens to reveal embarrassing, disgraceful or damaging information about someone unless money or some other value is provided. For example, threatening to reveal someone’s affair to their spouse unless they pay you $10,000 would be blackmail.

The key elements of blackmail are:

A threat to disclose information
The information is potentially damaging or embarrassing
A demand for money, property, or something else of value
The intent to compel someone to act against their will

Blackmail is a felony in most states. Even threatening blackmail is illegal in many places. The threatened person does not actually have to pay or comply with the demands. Just the threat itself is enough to be charged with blackmail in most cases.

What is Extortion?

Extortion also involves threats, but the nature of the threats is different than blackmail. With extortion, the threats are meant to scare, coerce, or intimidate someone into giving up money or property.

Some examples of extortion include:

A threat of physical violence unless money is paid
Threats of damaging a person’s business unless they comply with demands
A threat to cause harm to someone’s family member unless demands are met

The key elements of extortion are:

A threat of harm, damage, or violence
A demand for money, property, or something else of value
The intent is to coerce the victim into complying

Like blackmail, extortion does not require that the victim actually turns over money or property. The threats themselves are enough to be charged with extortion in most cases.

Key Differences

While blackmail and extortion have some similarities, there are some key differences:

Blackmail involves threats to reputation, while extortion involves threats to a person or property.
Blackmail focuses on revealing damaging information, while extortion relies on scaring someone into complying.
Blackmail centers on compelling someone to act against their wishes through embarrassment. Extortion uses threats of harm or violence to coerce.

Punishments for Blackmail and Extortion

Both blackmail and extortion are felonies. Exact punishments vary by state, but potential penalties include:

Years in prison
Fines up to $10,000 or more
Probation

Aggravating factors like repeat offenses or use of violence can increase sentences. Extortion charges are sometimes elevated to robbery charges depending on circumstances.

Defenses Against Blackmail and Extortion Charges

There are a few possible defenses if charged with blackmail or extortion:

Lack of criminal intent – Argue there was no intention to unlawfully compel the victim.
No actual threats made – Argue statements did not constitute real threats.
Threats weren’t serious – Argue threats were exaggerated and victim had no real fear.
Entrapment – Argue the victim induced or planted the idea of blackmail/extortion.

These defenses argue there was no actual blackmail or extortion. Consult with a criminal defense lawyer for help building your defense.

When Threats Become Blackmail or Extortion

Not all threats are illegal. For example, threats to sue someone or report a crime are usually lawful. Threats only become blackmail or extortion when:

They are used to demand money, property or something else of value
They are intended to coerce or intimidate someone into acting against their will

Legitimate business transactions or pre-existing contractual relationships generally don’t qualify as extortion either.

Overlap Between Blackmail and Extortion

In some cases, blackmail and extortion may overlap. For example, a threat could incorporate both reputational damage and threats of physical harm. When charges involve elements of both crimes, prosecutors may charge suspects with multiple related crimes.

When to Contact Authorities

If you are the victim of blackmail, extortion, or threats, contact the police. Give them details about:

The nature of the threats
How the threats were delivered (in person, phone, email, etc.)
What the demands were
Any evidence you have (recordings, emails, texts, etc.)

This information will help prosecutors demonstrate criminal intent and build a case against the perpetrator.

Get Legal Help

Being charged with blackmail or extortion is very serious. These complex crimes require expert legal help. A knowledgeable criminal defense lawyer can argue your side and help protect your rights. Consult an attorney immediately if you are under investigation or charged with these crimes.

Sources:

https://www.greghillassociates.com/what-is-extortion-or-blackmail-the-defenses-punishment.html

https://werksmanjackson.com/blog/differences-between-extortion-blackmail/

https://www.hg.org/extortion.html

https://www.scrofanolaw.com/federal-blackmail-and-extortion/

https://www.lebedinkofman.com/extortion-vs-blackmail/