Blackmail is a virus that is spreading all over the internet, state by state, and even overseas. This type of crime has interfered with the lives of thousands of people and it slowing down any time soon due to the necessity of the internet. If this type of crime has reached your state and you are wondering if blackmail is a crime in Michigan, keep reading.
Is Blackmail Illegal in Michigan?
The Michigan Penal Code defines blackmail as a specific type of extortion. Extortion occurs when someone threatens to do something that would cause you harm, your property, or your loved ones unless you give them something they want. Online blackmail specifically involves threats to release embarrassing or damaging information about you unless you comply with the blackmailer’s demands.
This type of crime is very illegal and it’s important to note that if the act of extortion doesn’t get carried out and the victim gives in to the demands of their attacker, the threat alone can still be classified as extortion and the criminal will still face charges. Blackmail constitutes a felony and has a sentencing of up to 20 years and a fine of up to $10,000.
Blackmail Laws and Punishments in Michigan
Michigan’s statute of extortion (Section 750.213) not only prohibits the extortion of money or property but also includes the following:
- Accuse someone of a crime.
- Injure the person or their property.
- Injure a family member of the victim.
Coercion is also considered when regarding extortion and goes hand-in-hand when it comes to committing this type of crime. Under Michigan’s blackmail law, coercion to have an abortion is also under the penal code for extortion (Section 750.213a). It states coercion is having knowledge that a female is pregnant and acting with the intent to force her to have an abortion against her will, as well as doing the following:
- Threaten to commit, attempt to commit, or actually commit a violation of Sections 750.411h or 750.411i, or an assaultive crime against the pregnant female or anyone else.
- Engage in coercion after being informed by a pregnant female that she doesn’t want to get an abortion.
The penalty for coercion to have an abortion are as follows:
- Violation of #1 above will be charged and punished in the same manner as the underlying offense that was threatened, attempted, or committed.
- Violation of #2 above is a misdemeanor punishable by a fine not exceeding $5,000*.
*If the offender is the father (or putative father) of the unborn child, the pregnant female is less than 18 years old, and the offender is 18 or older, the violation is punishable by a fine not exceeding $10,000.
What to do if You Become a Victim in Michigan?
The first thing to do is try to stay calm. It is important to remember that blackmailers are counting on you to be afraid and feel like you have no other choice but to do what they say. Resist this urge. Here are some other things you can do:
- Get help from a trusted friend or family member. This can be someone who can be there for moral support through this tough time.
- Talk to a lawyer. This is especially important if the blackmailer has threatened to go to the police or media with the information, they have on you. A lawyer will be able to advise you on what to say and what not to say in order not to incriminate yourself.
- Report the cyber crime. If you have been the victim of blackmail, it is important that you report it to the police so that they can investigate and try to catch the blackmailer before they can hurt anyone else.
- Change your passwords and security settings on all your accounts (email, social media, bank, etc.). This will help prevent the blackmailer from being able to get more information on you or access your accounts again in the future.
- If possible, try to collect evidence of the blackmail (emails, text messages, recordings of phone calls). This will be helpful for the police in their investigation and may also help prosecutors if the case goes to court.
- Talk to a counselor or therapist if needed. Being blackmailed can be a very traumatic experience and it is important to talk about it with someone who can help you process these feelings and start to heal.
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