Extortion vs. Blackmail: Are They the Same Thing?

Extortion and blackmail are serious criminal offenses that can result in jail time, fines, and a permanent criminal record. If you’re facing charges for either, it’s important to understand what these crimes involve, how they differ, and what your rights are. Whether you’re accused of demanding money, threatening to release sensitive information, or using a threat of violence, knowing the facts can help you protect yourself.

This article will explain the legal definitions of extortion and blackmail, discuss the role of coercion, and help you understand the treatment of these crimes under state and federal law. We’ll also review legal defenses and provide you with some tips if someone’s accused you of either crime.

If you’re facing extortion or blackmail charges, consult a criminal defense lawyer at your earliest opportunity. You can share the details of your situation with them confidentially. They can help you understand the legal options and defenses that may be available to you under your specific circumstances.

In the meantime, let’s review some of the basics behind these charges.

What Is Extortion?

Extortion is a form of criminal behavior where someone uses threats to force another person to do something against their will. It often involves demanding money or something of value. A key element of extortion is the use of fear or pressure to get what someone wants. We call this coercion.

When discussing extortion, the person making the threat is the perpetrator, and the person being threatened is the victim.

While the threats involved in extortion often pertain to physical harm, they don’t have to. Threats to damage a victim’s reputation, report criminal activity, or release embarrassing information can also form the basis for extortion.

For example, let’s say someone sends a threatening letter saying they’ll tell your employer about a past DUI unless you pay them $5,000.

This is extortion.

Extortion is a crime in every state and under federal law. Penalties depend on the circumstances, including whether physical harm was threatened and the value of the demands.

What Is Blackmail?

Blackmail is a specific type of extortion. It usually involves threatening to share damaging information unless the victim pays money or does what the perpetrator wants. This damaging information could be sensitive information, such as private photos, secrets about someone’s personal life, or evidence of criminal activity like embezzlement.

A growing form of blackmail is sextortion. This is when someone threatens to share sexually explicit images unless paid. This often happens online and may involve sex crimes or sexual abuse.

Blackmail laws vary by state, but most treat it as a serious crime.

Unlike some other crimes, blackmail doesn’t require physical force. The threat alone can be enough to lead to criminal charges.

The Role of Coercion in These Crimes

Coercion is the act of forcing someone to do something through threats or intimidation. It’s the core of both extortion and blackmail. The law doesn’t require the threat to be carried out. Just making the threat with the intent to gain something of value is enough for charges.

How Are Extortion and Blackmail Different?

While both involve threats and coercion, the main difference lies in the nature of the threat. Extortion is broader and can include threats of physical harm, property damage, or reporting someone to law enforcement.

Blackmail, on the other hand, focuses on revealing private or damaging information.

So, if a person threatens to break your windows unless you pay them, that’s extortion. If they threaten to post your private emails online unless you pay, that’s blackmail.

Both are serious. Some state laws treat blackmail as a subset of extortion. Others may treat it as a separate crime. Regardless, accusations of either can lead to criminal charges.

Additional Types of Extortion

Let’s review a few more types of extortion that can occur in different contexts. Some are also examples of blackmail.

White Collar Crimes

White collar crimes often involve extortion in business settings, like threatening to expose embezzlement unless paid. This is blackmail and extortion.

The threat to expose the criminal activity (embezzlement) unless the victim pays is blackmail. And since the goal is to obtain money or favors through coercion, it’s also extortion.

Organized Crime

In organized crime, extortion can occur through protection rackets, where perpetrators demand money to protect a business from harm. This is extortion because the threat is usually a threat of physical harm or property damage if the victim doesn’t pay. Because it doesn’t generally involve revealing information, it’s not considered blackmail.

With organized crime, the alleged extortion is often prosecuted under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. The RICO Act allows prosecutors to charge perpetrators who use extortion as part of a larger pattern of criminal activity, like drug trafficking.

Extortion by Public Officials

Public officials may engage in extortion by using government power to demand bribes. We call this extortion “under color of official right.” It typically occurs when a public official uses their position to obtain money or favors in exchange for performing (or not performing) their official duties.

Even if no force or threats are involved, federal prosecutors may bring charges for this type of extortion under the federal Hobbs Act.

This form of extortion generally doesn’t involve threats to reveal information. So, it doesn’t tend to be blackmail.

State Law vs. Federal Law

Extortion and blackmail can be prosecuted under either state law or federal law, depending on the situation. Most cases start as state crimes. For example, local law enforcement may handle a threatening letter sent within one state.

But if the crime crosses state lines by sending threats through email or targeting someone in another state, it becomes a federal crime. Federal law enforcement agencies like the FBI investigate federal extortion, which is prosecuted under federal criminal law. Federal charges often carry harsher penalties and follow strict sentencing guidelines.

Penalties and Sentencing

Penalties for extortion and blackmail can vary. Under state law, these crimes may be considered misdemeanors or felonies. A misdemeanor may result in up to a year in jail, while a felony can lead to several years in prison.

Federal criminal convictions often carry longer sentences. Depending on the facts, federal extortion charges may result in up to 20 years in prison, especially if violence was threatened. Sentencing guidelines consider factors like:

• The victim’s situation
• Whether the perpetrator targeted a public official
• Involvement of organized crime

For example, a case involving a threat of violence and a demand for $10,000 would likely lead to harsher penalties than a minor threat with no money exchanged.

What Should You Do?

If you’re accused of extortion or blackmail, avoid talking to law enforcement without a lawyer. Whether the charges come from a misunderstanding, false accusation, or actual criminal behavior, contact a criminal defense attorney right away.

They can help you understand the charges, protect your rights, and build a strong defense. A skilled attorney may challenge the evidence, question the credibility of the accuser, and/or negotiate with prosecutors to reduce or dismiss the charges.

Legal Defenses

Your criminal history, the nature of the threat, and whether something of value was demanded will all affect your extortion case. Depending on the specifics, however, your attorney may discuss certain defenses with you to help fight the charges.

Common defense themes for extortion/blackmail charges include:

• Insufficient evidence: The prosecution may not have enough evidence to establish the elements of the crime charged.
• Lack of a true threat: A rude or angry message is not always a criminal threat under legal definitions.
• Lack of intent: Jokes or bluffing may still be risky, but no intent to threaten or coerce can be a strong defense
• Claim of right: In some states, if the accused believed they had a legal right to the money or property demanded, this may be a defense.

A skilled attorney will analyze the exact statute under state or federal law, evidence of coercion, and whether the government can prove every element beyond a reasonable doubt.

Together, you’ll arrive at a defense strategy that’s most fitting for your case.

Finding the Right Attorney

Learning that you’re under criminal investigation for extortion or blackmail is scary, and the processes involved can be overwhelming. While you likely understand that legal guidance is essential to most effectively assert your rights, it’s not always easy to find an advisor you can trust.

If you’re not quite sure what to look for in a lawyer, just remember that you want to feel comfortable with them. You’ll also need someone who’s licensed in your state and has experience with the types of charges you’re facing. Ideally, you’d have access to feedback from their past clients as well.

FindLaw’s directory of criminal defense attorneys, organized by state, can help you get started. You can find information about legal professionals in your area by clicking on your location. You’ll also be able to review their ratings and background information.

Pick someone who can advocate and negotiate on your behalf. They just may be your most important ally on this journey.