In a blackmail case, the action being threatened would often be legal on its own, but the threat itself and the attempt to deprive the victim of property are not. The key difference between blackmail and extortion is the nature of the threats applied against the victim.īlackmail is characterized by threats of revealing socially or financially damaging information about the victim. While blackmail and extortion are sometimes used interchangeably, they are not defined in the same way. What is the Difference Between Extortion and Blackmail?īoth blackmail and extortion are coercive crimes that deprive the victim of their free will through the use of threats, compelling them to act against their own best interests. The target consented and complied with the perpetrator’s demands because of the threat.The perpetrator intended to leverage the threat against the target to obtain his or her property or influence his or her actions.The perpetrator made a threat against the target.In general, an act qualifies as extortion if the following elements are satisfied: What Qualifies as Extortion?Įxtortion is regulated at the state level, so the exact requirements for proving an act of extortion differs from state to state. There’s also the Hobbs Act of 1946, which makes it illegal to commit any act of extortion that obstructs interstate commerce. Section 880 makes it illegal to receive or possess the proceeds of extortion.Section 878 makes it illegal to extort or threaten any foreign officials, official guests of the United States, or other internationally protected persons.Sections 875, 876, and 877 make it illegal to transmit extortionate threats through the United States postage system.Section 872 makes it illegal for officers or employees of the United States to commit acts of extortion while representing themselves in an official capacity.Code Title 18, Chapter 41 – Extortion and Threats. On the federal level, crime of extortion is created by sections 872, 875, 876, 877, 878, and 880 of the U.S. Punishments for extortion can include a $250,000 fine and up to 25 years in prison. On the state level, extortion is illegal in all 50 states and is usually classified as a Class B felony. In the United States, extortion is criminal at both the state and federal levels.
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