Blackmail is a crime under both federal and state laws. It usually involves threatening to reveal damaging or embarrassing information about someone unless they give you money, property, or something of value. This type of conduct is often tied to extortion laws, and the penalties can be severe.
While the basic idea is the same, the way blackmail is defined and punished can change depending on where it happens. Both Texas law and federal law recognize it as a serious offense, but the exact elements and penalties may be different.
What is the Legal Definition of Blackmail?
Blackmail happens when a person makes a threat to expose private or damaging information unless the victim meets certain demands. The information can be true or false. Even if the information is completely accurate, it can still be blackmail if it is used to pressure someone into giving money or doing something they would not otherwise do.
In many cases, blackmail is charged under extortion statutes. The difference comes down to the type of threat used. Extortion often involves threats of physical harm or property damage. Blackmail usually focuses on threats to reveal sensitive or harmful information.
Federal Law on Blackmail
Under 18 U.S.C. § 873, it is a federal crime to demand or receive money or something of value in exchange for not reporting a violation of U.S. law. This version of blackmail is a misdemeanor, carrying a penalty of up to one year in federal prison, a fine, or both.
Other federal laws may apply if the blackmail involves certain conduct. For example:
- The Hobbs Act (18 U.S.C. § 1951) applies if the act interferes with interstate or foreign commerce. This is a felony with a maximum penalty of 20 years in prison.
- 18 U.S.C. §§ 875–878 cover threats made through interstate communications or by mail, which can also carry up to 20 years in prison.
- Threats against a current or former U.S. president, covered under 18 U.S.C. §§ 871 and 879, can bring up to 5 years in prison.
Texas and Other State Laws
Texas treats blackmail under its extortion and coercion laws. The offense can be charged as a felony depending on what the person demands and the nature of the threat. Some states, like California, require proof that the victim complied with the demands for a completed charge, while others, like Washington, can prosecute attempts even if the victim refuses.
The penalties vary, but they often include prison time, large fines, and a permanent criminal record.
Common Penalties for Blackmail
The punishment for blackmail depends on the law being used to prosecute the case:
- Texas: Often charged as a felony with the possibility of several years in prison.
- Federal misdemeanor (18 U.S.C. § 873): Up to 1 year in prison, fines, or both.
- Federal Hobbs Act or interstate communication threats: Up to 20 years in prison.
- California: Up to 4 years in prison and a fine of up to $10,000.
- Colorado: Between 2 and 6 years in prison.
In some cases, judges can consider alternatives to prison for less serious or first-time offenders. This can include probation, community service, or home confinement.
Blackmail as a Cybercrime
With more personal and financial activity taking place online, blackmail often involves computers and the internet. One common example is “webcam blackmail,” where someone threatens to share intimate photos or videos unless they are paid. This may happen after hacking into a computer or tricking someone into sharing personal content.
Other online forms include email threats, social media messages, and using stolen data from breaches. Federal and state cybercrime laws may apply in addition to blackmail statutes.
Defenses to Blackmail Charges
A blackmail charge can be challenged in several ways, depending on the facts:
- No actual threat was made
- The alleged threat was impossible to carry out
- False accusations by the alleged victim
- Lack of intent to commit blackmail
- The threat was unrelated to a violation of U.S. law in federal cases
- No evidence linking the accused to the alleged conduct
In some situations, the accused may argue they were incapacitated, legally insane, or intoxicated at the time, which could impact intent.
Can the Truth Be Used as a Defense?
Many people believe that if the information is true, it cannot be blackmail. That is not the case. Even truthful information can be the basis for a blackmail charge if it is used to pressure or coerce someone into giving up money, property, or another benefit.
Being accused of blackmail can lead to prison time, fines, and lasting damage to your personal and professional life. The laws are complex, and the penalties can vary depending on the circumstances and the jurisdiction. If you are facing an investigation or charges, you should have a defense lawyer who understands both state and federal blackmail laws.
Call (214) 432-8860 today to speak with a Dallas defense lawyer about your case and protect your rights.