Blackmail

At its simplest definition, blackmail is the threat of revealing socially damaging or disgraceful information about someone unless certain demands are met. Although actually revealing the information may not be illegal if it is true, the act of withholding information for money or some other reward constitutes a crime.

The term blackmail itself comes from a tribute required of farmers by ruling Scottish clans, under the threat of stealing livestock and lack of protection from enemy forces if not paid. Today, such of behavior would be more akin to extortion, as blackmail is legally distinguished by the lack of underlying criminal activity beyond the threat of exposure.

Because they generally target wealthier and more prominent individuals, blackmail court cases are fairly rare, as the process of trial itself would likely produce the same level of scandal that the blackmailer threatens to create. Only those more concerned with seeing justice done than with their reputation, then, would typically pursue this sort of criminal in court. In one recent example, a woman who threatened to reveal that she was Bill Cosby’s illegitimate daughter if not paid $40 million was prosecuted and sentenced to 26 months in prison, although this punishment was later reduced.

There can be a fine line between acceptable demands and blackmail. For instance, debt collectors warning of repossession could not normally be considered to be in the wrong. However, the collector would be acting illegally if the threat presented was one of physical harm or other criminal menace. Similarly, those seeking illegal, unenforceable debts can be held accountable for blackmail and extortion practices.

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The law takes a charge of blackmail very seriously, almost always considering it a felony offense. If you have been accused of blackmail, it is crucial that you find a legal representative who can effectively present your side of the story. Contact Austin criminal defense lawyer Ian Inglis today by calling 512-472-1950.