Advisory warning: This article on blackmail provisions includes topics that may not be suitable for children to read.
Blackmail provisions in this article will help you understand blackmail offences under the Crimes Act (NSW). Blackmail is a criminal offence in Australia that involves threatening someone to get something you want. This could be money, property, information, or something else of value. Blackmail can be committed in person, over the phone, or online. Here are some additional examples of blackmail:
- Threatening to tell someone’s secret to their employer or family if they don’t do what you want.
- Threatening to harm someone’s pet or property if they don’t give you money.
- Threatening to sabotage someone’s business or career if they don’t do what you want.
- Using someone’s personal information to extort money or property from them.
Read on to learn more about blackmail provisions under Crimes Act NSW.
Blackmail Provisions: Types of Blackmail
Blackmail can take many forms, including:
1. Sextortion: This is a form of blackmail that involves threatening to distribute or record intimate images or videos of a person unless they pay money or provide other benefits. Sextortion is a growing problem in Australia, particularly among young people who are vulnerable to online predators
2. Sexual Blackmail: This involves threatening to expose a person’s sexual activities or preferences unless they provide money or other benefits. Sexual blackmail can be particularly damaging to a person’s reputation and can cause significant distress.
3. Commercial Blackmail: This involves threatening to harm a person’s business or professional reputation unless they pay money or provide other benefits. Commercial blackmail is often used by competitors or disgruntled employees to gain an advantage over others.
Section 249K: Blackmail Offence
Section 249K states that a person is guilty of blackmail if they make an unreasonable demand while threatening someone, with the intention of either:
- Getting something for themselves or causing someone else to lose something, or
- Influencing the way someone carries out a public duty.
According to blackmail provisions, the maximum penalty for this offence is 10 years of prison. Another blackmail offence also applies if the offender is accusing or threatening to accuse someone of a serious indictable offence. The maximum penalty for this offence is 14 years.
Section 249L: Unwarranted Demands
Section 249L of blackmail provisions states that a demand with menaces is “unwarranted” unless:
- The person who makes the demand believes that they have reasonable grounds for making it, and
- The person who makes the demand believes that using threats to get what they want is a fair and reasonable way to do it.
The demand does not need to be for money or other property.
Section 249M: Menaces
According to Section 249M of blackmail provisions, “menaces” include:
- A direct or implied threat of any action that would harm or upset another person, and
- A general threat of harm or upset that is implied because the person making the unwarranted demand is in a position of public authority.
A threat against an individual does not constitute a menace unless:
- The threat would cause a normal person to act against their will, or
- The threat would cause the particular individual to act against their will and the person making the threat is aware of the particular individual’s vulnerability to the threat.
A threat against a government or corporation does not constitute a menace unless:
- The threat would ordinarily cause an unwilling response, or
- The threat would cause an unwilling response because of a particular vulnerability that the person making the threat is aware of.
Note: It does not matter whether the threats relate to action to be taken by the person making the demand.
Section 249N: Obtaining Gain or Causing Loss
The Section 249N of blackmail provisions define the following terms:
- “Gain” means an increase in money or other property, whether temporary or permanent, and includes keeping what one has
- “Obtaining” a gain means obtaining a gain for oneself or for another
- “Loss” means a decrease in money or other property, whether temporary or permanent, and includes not getting what one might get
- “Causing” a loss means causing a loss to another.
Section 249O: Public Duty
This Section of blackmail provisions state that a public duty is a power, authority, duty, or function that is either:
- Given to a person by law because they hold a public office, or
- That a person claims to have as the holder of a public office.
Simply, a public duty is something that a person is allowed or required to do because they are in a position of authority.
What Can I Do if I’m Being Blackmailed?
If you are being blackmailed, it is important to take the following steps:
1. Report the blackmail to the police. The police can investigate the matter and take steps to protect you from the blackmailer.
2. Collect evidence of the blackmail. This could include emails, text messages, voicemails, or recordings of conversations with the blackmailer. If you have any witnesses to the blackmail, you should also try to get their contact information.
3. Open up to a trusted friend or family member about the blackmail. It is important to have someone you can talk to about what is happening and who can support you through this difficult time.
4. Seek legal advice. A criminal lawyer can help you understand your rights and options. Criminal lawyers can represent you in any legal proceedings that may arise.
The Importance of Seeking Legal Advice
It is important to remember that you are not alone if you are being blackmailed. Criminal lawyers are always readily available when it comes to criminal offences. If you are being blackmailed, it is important to seek legal advice as soon as possible.
JB Solicitors is a leading law firm in Australia that specialises in criminal law. We have a team of experienced lawyers who can provide you with expert advice and representation on all aspects of blackmail offences. We understand the challenges that people face when they are being blackmailed, and we are committed to helping our clients achieve the best possible outcome.
Contact us today if you need more information about blackmail provisions and blackmail offences.