Blog Is Blackmail a Federal Crime?

April 19, 2024

Is Blackmail a Federal Crime?

Blackmail is a crime that involves threats to inflict harm, often by releasing private information, on an individual if they do not compensate you with something of value. It falls under the wider umbrella of extortion. However, since both crimes utilize threats to obtain property, the terms are often used interchangeably. Some states even charge them as the same crime.

The object of value in question can vary across a wide range that expands far past money. Services, property, and personal favors can all be considered valuable assets, and the victim’s particular situation is taken into consideration when determining what is valuable. However, this valuable asset doesn’t need to be exchanged. The threat itself is a crime.

Much like value, the harm that would come from the blackmailer’s threats being carried out is also circumstantial and needs to be proven. It is not enough for the victim to wish against the threats being waged at them. Rather, they must be able to prove that there would be negative real-world ramifications if they came to fruition.

The Spectrum of Blackmail: From Physical Threats to Digital Coercion

There is a wide array of threats that can be categorized as blackmail. Traditionally, they include:

Revealing private information that would cause reputational damage
Revealing private information that would cause financial loss
Reporting criminal activity or accusing an individual of a crime
Threats of physical harm to the individual, their loved ones, or their property

With the development of our digital dwelling, blackmailers have taken to cybersphere to attack their victims. Through the careful curation of public records, data breaches, and social engineering, perpetrators can craft the perfect cyber blackmail cocktail.

We document and publicize so much of our lives online, resulting in ample material to leverage if the right wrongdoer takes the time to piece it together. Often, compromising photos or videos are used, with sextortion being one of the most prevalent forms of online blackmail.

The Psychological Impact: Victimization and Fear

It goes without being said that blackmail can cause extreme distress for the victim. They often feel as though they have nowhere to turn, as reporting the case may bring attention to whatever information they want to keep secret or spur retaliation from their harasser.

This is just the turmoil that transpires in the initial stages of the crime. If the perpetrator follows through with their threats, the fallout can be even more catastrophic. The victim can face severe reputational damage, physical harm, and loss of assets as a result.

Federal Law and Blackmail: A National Perspective

Under Federal Law, blackmail is a crime punishable by up to one year in prison and/or fines of up to $1,000. However, the penalty may be harsher based on the perpetrator’s criminal history and the severity of the crime.

Federal Statutes and Blackmail: Key Provisions

There are a few different federal statutes which address crimes related to blackmail and extortion:

Under 18 U.S.C § 873, blackmail is criminalized and outlined as the act of demanding an item of value under the threat of disclosing damaging information, specifically pertaining to the victim’s violation of U.S. law.
Under 18 U.S. Code § 875, any threats of extortion, kidnapping, or demands for ransom that are made through interstate communication methods, such as mail, email, call, or text, is illegal.
Under the Hobbs Act, the act, threat of, or conspiracy to commit theft or extortion that impacts interstate commerce in any way is illegal. The key verbiage there is “in any way,” with the smallest impact on the flow of goods between states being required.
Under the Computer Fraud and Abuse Act (CFAA), any interstate or foreign communication with the intent to damage a protected computer or gain unauthorized access to the information on it with the intent to extort the owner is illegal.

These statutes carry different possible penalties based on a variety of factors. As mentioned, 18 U.S.C § 873 carries a sentence of up to one year in prison and a $1,000 fine(1). However, crimes under 18 U.S. Code § 875(2), the Hobbs act(3), and CFAA(4) can carry heavier fines and sentences of 20 years to life based on severity and criminal history.

Investigating Federal Blackmail Cases: The Role of the FBI

The FBI is responsible for fielding and investigating reports of federal blackmail. They handle both national and international cases, requiring cooperation with other national agencies when handling cases the extend outside the United States.

They accept reports of online blackmail and other cybercrimes through their IC3 task force. In order to federally convict a blackmailer, the prosecution must be able to prove that an attempt to obtain items of value through intentional threats of harm was made. However, there does not need to be a transfer of these items for blackmail to occur.

Federal Blackmail and Online Platforms: Jurisdiction Challenges

One of the unique issues posed by cyber blackmail is the ability to enact the crime on anyone in the world, regardless of their geolocation and proximity to the perpetrator. With this comes the difficult task of investigating and charging a criminal that could live anywhere.

This requires a collaborative effort between law enforcement agencies that blurs the lines of international borders, both in collecting evidence and charging the criminal. This requires an effort to document and report the blackmail in a manner that is admissible in court, regardless of the laws in the region that has jurisdiction to prosecute the perpetrator.

State-Specific Considerations: Variations in Blackmail Laws

At the state level, there is some variance with the laws regarding blackmail. Some states have statutes that specifically address blackmail, while others include it under the umbrella of crimes such as extortion, coercion, theft, bribery, or harassment. As such, the crime and penalty assigned to blackmailers can differ greatly from state to state.

State Blackmail Statutes: Key Differences and Nuances

Unlike the federal punishments, which can vary but maintain relatively stringent guidelines, state laws regarding blackmail differ vastly in both identity of the crime and the corresponding punishment. Idaho considers blackmail a misdemeanor, while it can reach up to a 1st degree felony with a penalty of 99 years in prison in Texas(5).

In Ohio, blackmail is considered a 3rd degree felony and can be punished by nine months to five years in prison and/or a fine of up to $10,000. This was the case for two Belmont County citizens who attempted to extort a local priest with sexual abuse allegations and were sentences to four years in prison in 2003.

It’s important to note that roughly 20 years later, the priest in question was added to the diocese’s list of credibly accused clergy members. While this isn’t a viable guilty verdict, it serves as a reminder that blackmail is illegal even if the perpetrator is leveraging true claims of criminal activity.

Reporting Blackmail in Your State: Local Law Enforcement and Resources

You should always begin the reporting process with your local police. You will need all the evidence you can collect, such as account names, phone numbers, images, chat logs, and anything else that displays the atrocities you’ve faced.

It’s important that you file a report with local police, even if you’ve already alerted the federal authorities. National agencies won’t be able to take on every case that is reported, and local police can resolve the matter if it is happening in your close proximity. If not, the report will serve as beneficial documentation.

The FBI provides national resources for victims of all crimes through their Victim Service Division (VSD). Additionally, the Office for Victims of Crimes (OVC) provides a list of additional state-level resources for victims of crimes, which can be found here.

State vs. Federal Prosecution: When Cases Overlap

While they are not subordinates to the FBI, there are numerous task forces composed of local, state, and national law enforcement agents that combine their investigative resources to solve blackmail cases. Most are tried at the state level, but certain instances require the case to be prosecuted in a federal court, including:

Cases that involve or impact interstate interactions
Cases that are accompanied by violations of additional federal crimes
Cases which target a federal official, employee, or members of their family

Prosecuting an individual for the same crime at both the state and federal level is considered dual sovereignty and does not violate double jeopardy so long as the crime violates both state and federal law.

The Challenge of International Cybercriminals: Beyond Borders

Much like other cybercrimes, online blackmail poses the problem of combating criminals intercontinentally. This can be incredibly difficult and requires seamless cooperation between multiple national agencies. As such, there is a rising need for a collective global effort against cyber blackmail.

The Rise of International Cyber Blackmail: Global Threats

International blackmail thrives online thanks to the interconnected nature of the internet. Bad actors are a couple clicks away from accessing anybody around the globe, and they have a wealth of knowledge readily available to exploit for financial gain.

It can be exasperating for law enforcement agencies to track and apprehend cybercriminals in other countries. Even with techniques that allow experts to break through online anonymity, law enforcement needs to work in ordinance with both service providers and foreign policies.

International Cooperation: Combating Cross-Border Blackmail

To combat blackmail on a global scale, an effort to create universal legislative cooperation is needed. This includes extradition treaties and cooperative agreements between nations.

An example of this is the United Nations Convention against Cybercrime. The treaty provides a comprehensive guideline for combatting global cybercrime by tailoring traditional investigation methods to the digital landscape and strengthening international cooperation.

Agreements like these require task forces that will enforce them, such as the International Criminal Police Organization (INTERPOL). They work with law enforcement agencies in 196 countries around the world, helping them combine their efforts against worldwide crime.

Digital Investigation Inc: Your Allies in Stopping Cyber Blackmail

In addition to working with law enforcement, there are digital forensics professionals who can help you investigate and report your blackmail case. You can find these experts right here at DFC, and they are ready to help you free yourself from the clutches of cybercriminals.

Digital Forensics and Blackmail Investigations: Our Expertise

With over 1,000 reviews and an overall rating of 4.78 out of 5 stars, our team has handled every kind of blackmail case you can think of. Through this, we’ve developed industry-leading techniques in metadata analysis and digital evidence collection that allows us to recover deleted data, track IP addresses, and uncover the identities of cybercriminals.

The information we find will be properly documented, so you can rest assured that the chain of custody will be maintained, and your evidence will be admissible when taking legal action. We have connections with law enforcement around the globe, meaning we can help connect you to the agency that has jurisdiction to combat your blackmailer.

Taking Back Control and Seeking Justice

Being blackmailed can make even the most well-connected individuals feel completely isolated. However, no blackmail victim has to handle their case alone. In fact, it’s better for everyone that victims utilize the available resources and properly report all cybercrime to law enforcement.

Here at DFC, we can help you collect the evidence necessary to do just that. If you’re experiencing blackmail of any kind, call our Blackmail Helpline today for a free consultation.

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ByMary Anne Franks