Blackmail vs Extortion Difference
Federal Blackmail and Extortion involve threats, coercion, or manipulation to force the victim to engage in conduct against their will. Learn more here.
Although, in some states, the terms blackmail and extortion are used interchangeably, they are two different crimes. However, both crimes include coercion or some act of force.
Extortion is a crime that involves the use of coercion to obtain property, money, or services from a victim. Coercion, in this case, usually involves force, violence, threats to destroy property, and improper government action.
On the other hand, blackmail doesn’t involve force or threat of violence. The term blackmail typically involves someone knowing a secret about another person and staying quiet about it if that person offers them something they want. The said secret is potentially embarrassing information that can damage the victim’s reputation, societal standing, relationships, or professional career. The offender promises to keep this information confidential in exchange for property, services, or money.
Legal Definitions and Federal Statutes for Blackmail and Extortion
Blackmail and extortion are distinct but related federal crimes, each carrying serious consequences under U.S. law. Both offenses involve coercion, but their legal definitions and the elements required to prove them differ significantly.
Blackmail is addressed under 18 U.S.C. § 873, which criminalizes the act of demanding money or anything of value under the threat of revealing damaging information. To establish blackmail in federal court, the prosecution must prove that the defendant knowingly:
- Made a threat to reveal harmful information about another person.
- Demanded money or a valuable item in exchange for withholding that information.
Notably, the threat itself need not involve violence; the essence of blackmail lies in the misuse of information to compel action.
Federal Blackmail Law: How Blackmail Becomes a Crime Under Federal Law
For blackmail to be charged as a federal crime, specific elements must be met. The elements of federal blackmail are:
- The defendant must demand or receive something of value from the victim, for example, demanding money
- A defendant threatened to inform or considered not to inform authorities of a violation of a US law
- The defendant’s secret was regarding a violation of federal laws. Threats to reveal embarrassing but not criminal behavior would not, by themselves, trigger a violation of the federal blackmail statute.
In other words, demanding something of value in exchange for silence about some type of federal crime can be considered a federal offense of blackmail.
On the other hand, extortion involves a broader range of criminal conduct. In addition, only certain types of extortion and threats will be prosecuted under federal law. For example, these types of extortion and threats include extortion by United States employees, mailing threatening communications, threats against former Presidents, and threats and extortion against foreign officials.
Federal Extortion Statute: What Is the Hobbs Act?
Hobbs Act is one of the federal statutes under which most federal extortion cases are prosecuted. Although the statute was used to fight organized crime, federal prosecutors started using it for commercial disputes and public corruption.
This statute defines extortion as “obtaining of property from another, with his consent, induced by wrongful use of actual or threatened harm, violence, or fear, or under color of official right.”
Being accused of extortion can be frightening, especially to a person who has never been charged with a crime or investigated for a federal criminal investigation. But, facing charges of violating the Hobbs Act in connection with extortion is grave. Reaching out to a fraud attorney with experience handling state and federal cases is crucial.
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