A lot of people may ask themselves ‘is blackmailing illegal?’. Blackmailing is a criminal offence that involves threatening to reveal embarrassing, damaging, or compromising information about someone. Individuals who engage in blackmail typically don’t give up until their victim acquiesces to their demands. This generally entails requesting cash or other payments in return for maintaining the confidentiality of the information.
In most countries, blackmail is a criminal offence that is punishable by law. The specific penalties for blackmail can vary depending on the jurisdiction, but they may include fines, imprisonment, or both. The seriousness of the punishment often depends on the severity of the crime and the harm caused to the victim.
So, is blackmailing illegal? Yes. This is a serious crime and can result in severe legal consequences. Moreover, this crime involves the use of threats and coercion to gain something from the victim. Blackmailers generally exploit and abuse their power as they use knowledge and information to control the behaviour of the victim. Read on to find out more.
Is Blackmailing Illegal in NSW?
Yes. In fact, the Crimes Act 1900 NSW contains provisions for blackmailing. This Act also covers a wide range of offences, including murder, assault, theft, fraud, and blackmail, among others. Section 249K of the Crimes Act states that a person commits or is guilty of blackmail if they intend to make unwarranted demand with menaces with:
- The intention of obtaining a gain or causing a loss
- The intention of influencing the exercise of public duty
Note: The maximum penalty for blackmail is 10 years if the factors above apply.
A person is guilty of an offence under this subsection if he or she commits an offence by accusing, or threatening to accuse, another person of a serious indictable offence. The maximum penalty for this offence is 14 years. Section 249M defines ‘menaces’ as:
- An express or implied threat of any action detrimental or unpleasant to another person; and
- A general threat of detrimental or unpleasant action is implied because the person making the unwarranted demand holds a public office.
Is Blackmailing Illegal: Threats
Threats against an individual
A threat against an individual does not constitute a menace unless it would cause:
- An individual of normal stability and courage to act unwillingly in response to the blackmailer’s threat
- The particular individual to act unwillingly in response to the threat and the blackmailer is aware of the particular individual’s vulnerability to the threat
Threats against a government body or body corporate
A threat against a government body or body corporate does not constitute a menace unless it would:
- Ordinarily cause an unwilling response
- Cause an unwilling response because of a particular vulnerability of which the blackmailer is aware.
Is Blackmailing Illegal: Proving the Crime
Like with other criminal offences, people should be able to provide proof that blackmailing occurred in order to pursue a case. This entails getting in touch with the appropriate authorities and organisations, such as the police, who can assist in demonstrating blackmail. But what have the police got to prove? The police must prove, beyond a reasonable doubt that a person:
- Made an unwarranted demand with menaces
- Intended to obtain a gain, cause a loss, influence the exercise of a public duty.
The alleged blackmailer may also argue that:
- Their actions did not constitute menaces
- They did not intend to obtain a benefit or cause a loss
- They were forced to blackmail someone because they were under duress from another party.
The Court may use its discretion to impose alternative punishments based on the circumstances surrounding the offence, personal situation, and any previous criminal history such as:
- Intensive correction orders (ICOs)
- Home detention
- Community service orders (CSOs)
- Good behaviour bonds
- A monetary fine; or
- A suspended sentence
Note: It’s highly advisable to seek legal advice if a person believes they are being blackmailed. The same also goes for people who believe they were under duress for blackmailing a person.
Types of Blackmail
This article has answered the question ‘is blackmailing illegal’. However, there are types of blackmail that we should cover to know the extent of this crime. Below are types of blackmail that people should take note of.
1. Extortion
This type of blackmail involves illegally obtaining money, property, or other concessions from another person through coercion. This can involve threatening to reveal embarrassing or damaging information about the victim, or physically harming them or their loved ones. Extortion is considered a serious crime and is punishable by law.
2. Emotional Blackmail
Is blackmailing illegal if used for psychological manipulation? Yes. This term is also referred to as emotional blackmail. It often involves threatening to withdraw love, support, or affection if the victim does not comply with the blackmailer’s demands. Additionally this can also involve threatening to:
- Reveal embarrassing or damaging information
- Create emotional pain or distress
- Hurt the alleged victim if they do not comply
Emotional blackmail is common for family law matters. For example, partners may manipulate their ex-spouses to conform to certain demands. However, this type of blackmail may also occur in any type of relationships like family, friends, and workplaces. Emotional blackmail may also be categorised as domestic abuse.
3. Financial Blackmail
Is blackmailing illegal if used for financial matters? Yes. This type of blackmail involves a person who threatens to reveal damaging/embarrassing information in order to obtain money or property. Victims who suffered from this blackmail may have low credit scores and bad reputations. Financial blackmail can take many forms such as threats to reveal information about:
- Tax evasion
- Insider trading
- Embezzlement
- Other illegal financial activities
4. Political Blackmail
Is blackmailing illegal if used for politics? Yes. For instance, political blackmailers use threats or coercion to influence political decisions or actions. Political blackmail can take many forms, including but not limited to:
- Threatening to reveal damaging information about a political candidate or official
- Using bribery or other forms of corruption to influence political decisions
- Threatening to harm a political party or cause political instability if demands are not met
- Extorting money or other benefits from a political figure or organisation
5. Cyber Blackmail
Is blackmailing illegal if used online? Yes. The internet has provided security purposes for many people around the world. However, this also masks users who may want to blackmail someone to stay anonymous. Cyber blackmailers tend to:
- Threaten to release sensitive information obtained through hacking, such as financial information, personal data, or login credentials
- Demand a ransom payment in exchange for not releasing confidential information
- Threaten to spread false or damaging information in order to harm a person’s online reputation or credibility.
We Can Help Prove Blackmail
Lawyers are the most qualified people who can help with blackmailing matters. It is important for victims to seek legal advice from JB Solicitors if they want to protect their best interests.
Our team can help assess the situation, contact the necessary people, and determine the best course of action for these kinds of legal matters. We can also help clients:
- Obtain restraining orders if the blackmailer is caught
- Negotiate settlements
- Proceed with other legal actions if the blackmail resulted in physical harm
- Gather credible evidence to prepare a strong case against the blackmailer
- Help clients who plead guilty get lighter penalties listed
Contact us today if you have more questions like ‘is blackmailing illegal?’.
