Blackmail is the offense of threatening to reveal embarrassing, damaging or incriminating information about a person unless they pay money or provide some other benefit, a specific form of coercion distinguished from general extortion by its particular method, the threatened disclosure of true or false information rather than a threat of violence or property damage. Because the information threatened need not itself be criminal or even false, blackmail can be committed by threatening to reveal a genuinely true but embarrassing fact, and most legal systems criminalize this regardless of the information's truth, on the theory that the wrong lies in the coercive demand rather than in whether the underlying disclosure would itself have been lawful. Many jurisdictions prosecute blackmail under their general extortion statute rather than as a separately named offense, treating the threat to disclose information as simply one recognized form the threat element of extortion can take, while others retain blackmail as its own distinct offense with its own statutory elements. The offense has taken on a significant online dimension in recent decades, most notably sextortion, in which an offender threatens to release intimate images or material unless paid or granted further compliance, a pattern that has made blackmail an increasingly cyber-enabled offense even where it is not itself classified as a dedicated cybercrime.
Facts
Classification CodeUnited States law treats blackmail as a form of theft by extortion, codified in the Model Penal Code at section 223.4, the statutory reference point cited by Cornell Law School's own definition of the offense. 1 Typical PenaltyUnder United States federal law, a person who demands or receives money or another valuable thing by threatening to inform, or by agreeing not to inform, on a violation of federal law faces a fine, up to one year in prison, or both. 2 Elements of OffenseBlackmail requires a threat coupled with an unwarranted demand for gain. Under the Commonwealth statutory definition, a person is guilty of blackmail if, intending to gain for himself or another or to cause loss to another, he makes any unwarranted demand accompanied by menaces. 3 Notable ExampleA frequently cited case is the 1942 Illinois Supreme Court opinion in People v. Mahumed, which treated blackmail and extortion as legally interchangeable terms under Illinois law. 1 Jurisdiction VariationSome jurisdictions treat blackmail and extortion as functionally the same offense rather than as separate crimes: Cornell Law School's own definition notes that blackmail and extortion can be used interchangeably under Illinois law, while federal law instead names blackmail as its own distinct statute, 18 U.S.C. 873, separate from the Hobbs Act extortion statute. 1 Classification
Offense GradeSerious or Indictable Offense 1 Sources
1. Cornell LII Wex: Blackmail
Main definition paragraph
Blackmail or extortion, which can be used interchangeably, pursuant to the 1942 Illinois Supreme Court opinion in People v. Mahumed, is an unlawful act of one party such as intentionally threatening, accusing of crime, injuring the other party's property, or exposing secrets if the demands from a person or group are not met, in exchange for money or other things that are significantly valuable to them.
Model Penal Code citation
See Model Penal Code § 223.4.
Case reference, People v. Mahumed
pursuant to the 1942 Illinois Supreme Court opinion in People v. Mahumed
Terminology note, blackmail and extortion overlap
Blackmail or extortion, which can be used interchangeably
View the Source2. Cornell LII: 18 U.S.C. 873 (Blackmail)
Cornell Law School Legal Information InstituteFull statute text, 18 U.S.C. 873Quote, Full statute text, 18 U.S.C. 873
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.
View the Source 3. Blackmail (Wikipedia)
WikipediaLead definition, unwarranted demand with menacesQuote, Lead definition, unwarranted demand with menaces
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces
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