Blackmail Rape

Blackmail Rape




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Blackmail Rape



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Blackmail involves a threat to do something that would cause a person to suffer embarrassment or financial loss, unless that person meets certain demands. The threat might include:


In order to avoid the threatened action, a blackmail victim must pay money to the blackmailer or perform some other action. The action demanded by the blackmailer may or may not be illegal itself. The growth of the Internet has also led to overlap between blackmail and cybercrime .


Many forms of blackmail are considered crimes under state or federal law. 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.

Blackmail is still a crime even when the threatened information is false.

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. The central element of the crime is the blackmailer’s intent to obtain money, property, or services from the victim with threats of revealing the information.


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.


The crime of coercion in New York is similar to California’s extortion statute, and it includes the common elements of blackmail. 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 . A conviction could result in up to one year in prison, a fine of up to $100,000, or a combination of the two.


New forms of blackmail have appeared as the Internet has grown, and the law has not always adapted to new technologies. “Webcam blackmail,” as it is informally known, might involve someone who obtains intimate photographs or videos of a person, sometimes by request after developing a relationship with the person online, and sometimes through theft. 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 .

Criminal Law Contents

  





The state legislations in the United States for the commission of blackmail or extortion offenses are more or less similar. In California, both blackmailing and extortion offenses are ruled under California Blackmail and Extortion law. Many times these offenses possess the same penalties when convicted. However, it is important to understand that they are different crimes.
While reading you may have thought, is blackmail a crime? A simple answer to the question is yes. Blackmail offenses involve the act of threatening in order to deprive someone of their property. Someone can be charged with the blackmailing offense as larceny and extortion when you acquire another’s a property by inducing a threat to get the desired property which you are not legally allowed.
Blackmail is generally a federal crime and is executed by making threats of harming someone or doing something that causes harm. It also includes disclosing the victim’s secret in order to have benefits.
Precisely, blackmailing is made to provide potential harm in the reaction of gaining some sort of value. The benefit could be sometimes money or any non-tangible benefits. The act of blackmailing involves the demands of money to keep the secrets hidden which can be embarrassing information of the victim if disclosed in public. 
18 U.S.C. 873 defines a subset of blackmail or extortion which is a federal offense. For instance, the federal statute enforces penalties for a person who gains money, value against something under the threat of not informing something is against the federal law. 
For instance, take the scenario of Joe who got to know about Bill’s sexual misbehavior. Joe blackmails Bill about the misconduct he committed and revealing the information to Bill’s wife will be the reason for their marriage falling apart. He threatens Bill for the sum of money for not revealing the case to his wife.
The scenario entails illegal conduct and will be considered a federal offense. You may find a plethora of scenarios where you could find celebrities paying thousands of dollars just to keep their secrets hidden.
Extortion is explained as the utilization of coercion in order to obtain goods, services, money from another person illegally. The act of coercion can involve the destruction of property, violence, or any governmental activity which is illegal. Plus, refusal to testify for a test can also be referred to as coercion.
For instance, a scenario where local gang members approach a neighborhood business owner and threaten the owner to pay the protection fees otherwise the shop will be destroyed. This type of crime will be classified as extortion. Another kind of coercion involves the act of government officials where they abstain themselves from performing the duties in exchange for something. Like a traffic officer who does not make an arrest in return for the cash.
Blackmail and extortion laws vary across the United States. In California, extortion and blackmailing are considered felony crimes. These crimes often entail a prison time for four years and a probable fine of $10,000.
Even if the execution of blackmail or extortion is done unnecessarily, the defendant can be charged with the same federal offense. Even if you did not intend to harm the other person, you can be charged with the federal offense of attempting blackmail or extortion.
When this happens, the charge of attempting blackmail or extortion can be taken as either a misdemeanor or felony depending on any repercussions that occurred.
If the conviction is a misdemeanor, the defendant could end up in jail for 364 days with a potential fine of $1,000. If a defendant gets convicted of a felony, then a four-year prison time along with the fine of $10,000 will be charged.
As mentioned, extortion and blackmailing laws vary across states as in California, the laws limit several activities involving extortion or blackmail while the larger blackmailing and extortion federal laws only are applied on the consideration of not exposing or the threat to expose the victim.
For instance, if an employee threatens his employer or manager to expose him for violating the state laws like grand theft . In California, the manager would be charged under extortion charges but not with the federal blackmail charge. It clears things more here that federal and state charges do not need to have similarities.
Moreover, the federal prosecutor is likely to prosecute the federal charges that potentially have some significant federal interest under 18 U.S.C. § 873. Plus, this will be possible only in the cases where the offense has crossed the state statutes or the charge involves federal convictions.
Oftentimes when individuals are convicted of federal offenses their case becomes complex and only the immediate interventions of defense attorneys can help release the charge.
If investigations are begun against your charge under 18 U.S.C. § 873, then consulting an experienced attorney will help you get over with the favorable outcomes.
Also, having a defense attorney will also be beneficial in negotiating with federal prosecution in order to receive fewer charges and avoid hefty fines.
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Read Deidre’s personal replies to today’s problems
MY husband’s nephew is blackmailing me into having sex with him several times a week.
He is threatening to show my husband a video of me having sex with my lover unless I go along with his demands.
My husband is kind, caring and a big earner. He showers me with expensive gifts but the downside is he works away for months at a time. He’s 55 and I’m 38.
I like our lifestyle but a few months ago I was bored and took a lover for fun. I met him at a golf club. He is around my husband’s age and married too. We both know it is strictly fun.
My husband’s nephew is 19 and comes to clean the windows and my husband’s classic cars.
He made a pass at me one day so I smacked him in the face but he showed me this video on his phone of my lover and me having sex on the sofa. He’d recorded it through the window.
I thought he would want cash but he wanted sex instead. I am living a nightmare.
He makes me feel sick with his endless demands for sex. He films me naked on the bed and makes me walk around the house wearing just a thong. He has been spending most of his time — nights, too — at our house, telling his p
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