18 U.S.C. § 873 - Blackmail and Extortion
Blackmail and extortion, as specified in Title 18 U.S.C. 873, are serious offenses. Blackmail involves demanding money or something of value to prevent the disclosure of damaging or compromising information about someone.
The federal crime of extortion involves using threats or force to acquire something, typically money or property, from another individual.
Essential components of blackmail include intent, a demand for money, property, or some other valuable consideration, and a threat to reveal information.
Unlawful Threats For Personal Gain
In extortion cases, the offender must deliberately and unlawfully threaten or harm someone to obtain something of value.
Importantly, this "something of value" is not limited to money or physical goods; it can also encompass services or actions that the victim would not typically agree to do.
Both blackmail and extortion involve using coercion to obtain something valuable.
However, understanding the subtle differences between them is essential for legal clarity and effective application.
For example, it's essential to recognize that blackmail involves threats to disclose embarrassing, disgraceful, or harmful information, while extortion involves threats of physical harm, property damage, or legal action.
Key Takeaways
- Blackmail, or extortion, involves threatening to act or reveal information that could harm the victim.
- Blackmail and extortion also involve illegally demanding money to prevent someone from reporting something, like embarrassing information or criminal acts.
- Blackmail generally happens when someone holds a secret about another person and demands something in exchange for silence.
- This threat of potential harm must be made with the purpose of gaining something valuable, usually money or another benefit.
- A key point for a federal blackmail charge is that the secret involved pertains to breaking the law.
- If someone is aware that another person committed a crime and agrees to keep quiet in exchange for money, that constitutes blackmail.
What Does Section 873 Say?
18 U.S.C. 873 says, "Whoever, 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."
In federal cases of blackmail and extortion, proving intent is essential. The prosecution must clearly show that the defendant intended to commit the crime, whether by making a demand or issuing a threat to secure something of value.
Remember that these are not minor violations. Blackmail and extortion, as outlined in Title 18 U.S.C. 873, are serious criminal offenses under federal law.
The significance of intent and the evidence needed to prove it are essential in prosecuting such cases.
What Are Related Federal Statutes?
Only certain types of extortion and threats are prosecuted under federal law instead of state law.
A typical federal blackmail or extortion case involves 18 U.S.C. 875, which covers interstate communications that include threats of harm—whether economic or physical—made through wire transmissions such as email, text messages, or other interstate or foreign communication methods.
This potential harm might involve damaging the victim's reputation or revealing information that could harm their business. Several federal crimes are outlined in 18 U.S. Code Chapter 41 - Extortion and Threats, including the following:
- 18 U.S.C. 871 - Threats against the President and successors to the Presidency
- 18 U.S.C. 872 - Extortion by officers or employees of the United States.
- 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 - Mailing 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 certain other persons
- 18 U.S.C. 880 - Receiving the proceeds of extortion.
The crimes listed above encompass a broad spectrum of illegal acts, each with different penalties.
What are the Penalties for Blackmail?
18 U.S.C. 873 outlines the legal penalties for demanding or accepting money or valuables under threats to inform or not inform, which contravenes federal law. Blackmail is classified as a federal misdemeanor, and conviction results in the following penalties:
- Up to one year in federal prison,
- Fines imposed by the court, or a combination of both.
Among all federal offenses in Chapter 41 of Title 18 of the U.S. Code, blackmail has the shortest possible criminal sentence.
Extortion under 18 U.S.C. 872 for amounts of $1,000 or less is the only other offense in this chapter, with a maximum penalty of one year in jail and a fine.
Penalties for Related Charges
Other charges in Chapter 41 above carry maximum penalties of up to 20 years in prison upon conviction, such as:
- If you are accused of sending threatening mail, you could face up to 20 years in prison under sections 875, 876, 877, and 878.
- Charges of threats against the president or any former president under Sections 871 and 879 carry a maximum sentence of five years.
- Sentence alternatives like community service, drug treatment, or home confinement could let a person avoid prison time.
Notably, the actual sentence will always depend on the specific factors listed under the United States Sentencing Guidelines and others listed under 18 U.S.C. 3553(a).
A defendant is typically evaluated within the wide discretion granted to a federal sentencing judge, who considers the defendant's criminal history and mitigating factors related to their character and background.
Common Legal Defenses for Extortion
To maximize your chances of a favorable outcome, it's important to hire a federal criminal defense lawyer early in the process. The specifics of each case will influence the defenses you can use.
A federal prosecutor has to demonstrate that you deliberately tried to obtain money or another item of value in exchange for silence about someone else's criminal acts. Typical defenses often include the following options.
A prosecutor needs to prove that you intended to blackmail the victim. This means demonstrating that the threat was not merely a bluff or lacked genuine intent, and that there was no actual threat of harm.
If there is no physical evidence, such as letters or texts, the case may be dismissed. If the secret in question does not involve breaking U.S. law, it can be used as a defense against federal blackmail charges.
Alternatively, entrapment could be relevant if law enforcement persuaded the accused to commit the crime. We might settle with the federal prosecutor before indictment, negotiate a plea after charges are filed, or, if necessary, go to a federal jury trial.
Contact our law firm for a free case review. The Hedding Law Firm is located in Los Angeles, California.
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