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R v Clear [] 1 QB Where the victim is particularly timid or susceptible to the particular threat and the person issuing the threat does so with this knowledge or with intent to act on that particular timidity or susceptibility, they will be found to have acted with menaces.
Conversely, where an apparently serious threat fails to intimidate the victim, this does not excuse the demander from liability if the ordinary person of normal stability and courage might have been influenced or made apprehensive so as to accede to the demand. When are demands with menaces unwarranted? A demand with menaces will be unwarranted unless the demander genuinely believes both of the following:. That he has reasonable grounds for making the demand.
That it is proper to reinforce it with those particular menaces. The test is subjective, so there is no requirement that the demander must have reasonable grounds for his belief. Once this issue is raised as a defence, the prosecution has the burden of disproving it to the criminal standard see R v Ashiq [] EWCA Crim Where the threatener knows that the demand is unlawful in the sense that it would be criminal to carry it out, he cannot believe that the threat is a proper one.
What does with a view to gain or intent to cause loss mean? Not every demand reinforced by improper menaces amounts to blackmail. To be blackmail, the demand must be made with a view to gain, or intent to cause loss. Gain and loss for the purpose of the offence of blackmail are defined as follows:.
Section 34 2 a , Theft Act Section 34 2 a roots blackmail as an economically motivated crime. Threatening somebody with an unwarranted demand with menaces to acquire sexual or non-monetary advantage would not be blackmail.
There is no need for the blackmail to be done with a view to profit since profit can be distinct from gain. It will be enough if the acquisition or loss of property is the target of the blackmail. Sentencing of blackmail The maximum penalty is 14 years' imprisonment. The general guideline for sentencing offences that do not have a specific sentencing guideline, published by the Sentencing Council, comes into force on 1 October This guideline must be applied to all individual offenders aged 18 and older and organisations that are sentenced on or after 1 October regardless of the date of the offence and applies to all courts across England and Wales.
The new guideline will ensure judges and magistrates in England and Wales follow a structured and consistent sentencing process for offences such as blackmail which are not currently covered by a specific guideline and will assist prosecution and defence representatives in structuring their submissions to court. The guideline sets out a series of ten steps which the court must follow before passing sentence.
The steps include reaching a provisional sentence taking into account the statutory maximum sentence for the offence, sentencing judgments of the Court of Appeal Criminal Division for the offence and definitive sentencing guidelines for analogous offences. Most states treat blackmail as a type of extortion or coercion, which involves threats of violence or other harm in order to compel a person to do something. Blackmail is generally classified as a felony, which could result in multi-year prison sentences and large fines.
Blackmail and extortion are related concepts in criminal law. Extortion is generally considered a form of theft, which involves the threat of physical harm or destruction of property in order to obtain something of value or compel a person to do something.
In cases involving government officials, extortion could also involve misuse or abuse of authority, such as threatening to arrest a person without cause as a means of coercing them.
Where extortion is primarily a crime based on force, blackmail is a crime based on information. A blackmailer typically has information that is damaging to the victim, and uses threats to reveal that information in order to coerce the victim. Blackmail is considered a crime regardless of whether the information is true or false. Laws regarding blackmail vary widely from one state to another, but they all have similar definitions of the offense.
Some states treat blackmail as a distinct criminal offense, while others treat it as a form of extortion or coercion.
In Kansas, for example, blackmail is a crime against the person, rather than a theft offense. State law defines the offense as a threat to reveal embarrassing or damaging information about a person in order to obtain something of value or coerce someone to act against his or her will. The information could be about the victim or about another person. In contrast, California includes blackmail in the provisions relating to extortion. The elements commonly associated with blackmail form part of the offense of extortion, including threats to accuse a person of a crime, expose a person to disgrace or embarrassment, or expose a secret about a person.
It is an offense to use threats of criminal charges, accusation of a crime, exposure of a secret that could lead to public ridicule or contempt, testimony against a person, or refusal to testify for a person; if the purpose of the threat is to coerce a person into paying money, providing something else of value, or engaging in conduct from which they have a legal right to abstain.
A threat to report, or testify against, a person for any violation of federal law, along with a demand for money or something else of value, is considered a federal crime. New forms of blackmail have appeared as the Internet has grown, and the law has not always adapted to new technologies. The person then threatens to publish the pictures or videos on the Internet if the person does not pay money, provide additional photographs or videos, or provide something else of value.
Cyber-blackmail may also be known as cyber- extortion. Cyber-blackmail and cyber-extortion fall under the larger umbrella of cybercrimes. Last reviewed October Criminal Law Contents.
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