Under federal law, 18 U.S.C. 873 criminalizes the act of demanding or accepting money or valuables in exchange for refraining from reporting a violation of U.S. law. This specific form of blackmail can lead to a maximum penalty of 1 year in federal prison, a fine, or both.
It's crucial to understand the nuances of federal law and distinguish blackmail from broader extortion. While both involve illegal demands and threats, federal blackmail specifically targets the silence of U.S. law violations, with penalties that can be severe. This distinction provides clarity and a deeper understanding of the legal landscape.
Section 873 bans demanding or accepting payments to stay silent about U.S. law violations, as well as threatening to report someone for a federal crime unless they pay or give something valuable.
The crime depends on threatening to disclose a violation of U.S. law. However, a threat to reveal embarrassing but non-criminal information, such as an affair, would not be covered by this law.
Other federal extortion laws, such as the Hobbs Act, could be relevant if the blackmail involves threats of violence or disruption of interstate commerce. These constitute serious felonies with much harsher penalties. A threat to reveal information that violates state law but not federal law is not covered by 18 U.S.C. 873.
Key Takeaways
- Blackmail, also called extortion, involves threatening to cause harm or reveal damaging information about someone.
- This threat aims to pressure the victim into giving up something valuable, often money or other benefits.
- Blackmail and extortion involve illegally demanding money in exchange for not reporting certain information, such as potentially embarrassing details or even criminal actions.
- The term blackmail is frequently used in various contexts, but it most often refers to someone knowing a secret about another person and demanding something in exchange for silence.
What Are the Provisions of Section 873?
Blackmail under federal law is outlined in 18 U.S.C. 873. This section states that anyone who, 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.
A crucial element for a federal blackmail charge is that the secret relates to an illegal activity. If someone is aware of another person's crime and threatens to disclose it unless the other person pays, this constitutes blackmail under federal law. Blackmail is considered a federal misdemeanor.
A typical federal case involving blackmail or extortion revolves around interstate communications, as outlined in 18 U.S.C. § 875. This crime involves making threats—either to harm someone physically or economically—through wire transmissions such as email, text messages, or other interstate or international communications.
The threats may target the victim's reputation or any information that could harm their business interests.
What Are Some Federal Crimes Like These?
Several offenses related to the federal crimes of blackmail or extortion are listed under Chapter 41 of Title 18 of the U.S. Code, including:
- 18 U.S.C. § 871 - threats against Presidents and successors,
- 18 U.S.C. § 872 - extortion by United States employees,
- 18 U.S.C. § 874 - kickbacks from public works employees,
- 18 U.S.C. § 875 - interstate communications,
- 18 U.S.C. § 876 - mailing threatening communications,
- 18 U.S.C. § 877 - threatening communications from a foreign country,
- 18 U.S.C. § 878 - Threats and extortion against foreign officials, official guests, or internationally protected persons,
- 18 U.S.C. § 879 - threats against former Presidents and others,
- 18 U.S.C. § 880 - receiving the proceeds of extortion.
These crimes cover a wide range of illegal acts, each with its own penalties. When negotiating a plea deal for a more serious charge, you may be able to plead guilty to a lesser offense listed above. Moreover, plea bargains for lesser crimes can give a jury choices, potentially helping the defendant avoid conviction on the more serious charges.
What Are the Penalties for Blackmail?
Blackmail is a federal misdemeanor, carrying a maximum sentence of one year in federal prison, a court-ordered fine, or both. Among the crimes outlined in Chapter 41 of Title 18 of the U.S. Code, blackmail has the shortest potential sentence.
Extortion under 18 U.S.C. § 872 involving $1,000 or less carries a maximum penalty of one year in jail and a fine. Other charges in this chapter can result in maximum sentences of up to 20 years in prison. If you are accused of mailing threats as described above, you likely face a maximum sentence of 20 years under sections 875, 876, 877, and 878.
Interestingly, the maximum penalties are lower for threatening the president or any former president. Charges under sections 871 and 879 carry a maximum sentence of five years.
However, readers should remember that the actual sentence will depend on the factors specified in the United States Sentencing Guidelines and those listed in 18 U.S.C. § 3553(a).
A defendant usually falls within a federal sentencing judge's broad discretion, who typically considers factors such as the defendant's criminal history and mitigating circumstances related to their character and background.
It may be possible to avoid prison time through sentencing options such as community service, drug treatment, or home confinement.
What Are Some Ways to Defend Against Blackmail?
A federal criminal case involving 18 U.S.C. § 873, the blackmail and extortion statute, can be complicated, often requiring experienced legal help from the start. The prosecutor must prove that the defendant deliberately sought money or something valuable to keep quiet about another's criminal behavior.
A common defense against a blackmail charge is arguing the lack of intent. The prosecutor must prove that the defendant intentionally aimed to blackmail the victim. If the threat is unreasonably perceived or not supported by any actual threat of harm, it does not constitute blackmail under federal law.
Blackmail can happen during conversations, which may result in insufficient evidence. Additionally, the absence of physical evidence, such as letters or texts, can serve as a defense and may lead to dismissal.
The specific facts and circumstances will influence which defenses apply. Additionally, if the secret involved does not pertain to a violation of U.S. law, that may also serve as a defense to federal blackmail charges.
Another possible defense strategy involves negotiating with the federal prosecutor for a pre-indictment resolution, discussing a plea deal after the criminal charges are filed, or, if needed, litigating your case in a federal jury trial. For more information, contact our federal criminal defense lawyers at the Hedding Law Firm in Los Angeles, CA.
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