If you are the victim of blackmail in Virginia, you may be wondering if the person perpetrating the crime can be prosecuted. Blackmail is a very serious crime and can be a frightening and traumatizing experience. This is why it is important for blackmail victims to understand their legal options and how to protect themselves. In this blog post, we will discuss is blackmail a crime in Virginia, and the possible penalties for committing blackmail in Virginia.
Table of Contents:
What Does Blackmail Mean?
The definition of blackmail means the demanding of payment or other benefits from someone in return for not revealing damaging content or information of them to the public.
An example of blackmail is when a hacker threatens to reveal explicit content or damaging information to the public if they are not compensated.
Blackmail can turn into extortion when the threatened injury is physical to the person’s person or property. In the Virginia Code blackmail and extortion are not explicitly distinguished.
Is Blackmail Illegal in Virginia?
Yes, Virginia blackmail laws state that an individual can be charged with extortion for the following actions:
- Threatening to injure another person, another person’s character, or the property of another person;
- Accusing another person of any kind of offense;
- Threatening to report someone as being in the U.S. illegally; or
- Intentionally concealing, destroying, or threatening to destroy someone’s passport, other immigration documentation, or any other government ID with the intent to make the other person give up something.
The types of items that can be extorted from the victim include the following:
- Money;
- Property (personal or real estate);
- Evidence of a debt;
- or other financial benefits;
- Sexual content;
- Sexual acts.
How is blackmail Punished in Virginia?
In Virginia, blackmail is punishable as a Class 5 felony. In Virginia, the offense can be either a felony or a misdemeanor, depending on how the crime is charged. A Class 5 felony is punishable by up to ten years in prison and/or a fine of up to $2,500. The punishment for a Class 5 felony may be increased to up to 20 years in prison if the person threatened to disclose embarrassing, incriminating, or damaging information about a minor child.
In addition to the criminal penalties that may be imposed for conviction of blackmail, a person who is convicted of blackmail may also be subject to civil liability. This means that the victim of the blackmail may sue the person who committed blackmail and recover damages such as mental anguish damages, punitive damages, and attorney’s fees.
Blackmail is a crime in Virginia and can be punishable by prison time and large fines.
If you are being blackmailed, it is important to report the offense to the police as soon as possible. The sooner law enforcement officials are made aware of the situation, the sooner they can begin their investigation. Remember, you are not alone; many people fall victim to blackmail schemes each year. Use our Blackmail Helpline in the USA. Do not hesitate to reach out for help if you find yourself in this situation.
