Can a Person Be Arrested for Blackmailing?

Blackmail is a crime. Crimes come with penalties of all kinds, from fines and restitution to community service, house arrest, probation, and even jail time. And like all crimes, blackmailing another person, business, or organization will lead to these same consequences. Continue below to learn more about blackmail laws, including the common charges and penalties, plus what to do if you are being blackmailed by another.

Blackmail Criminal Defense Lawyer Indianapolis Indiana 317-636-7514
Blackmail Criminal Defense Lawyer Indianapolis Indiana 317-636-7514

Blackmailing Laws in Indiana

Blackmailing can be a state or federal crime depending on the circumstances or nature of the offense. Most people wrongly assume that blackmail is the act of forcing someone to do something they don’t want to do by means of threat or ultimatum (not by bribery or intimidation). But the true, universally accepted legal definition of blackmail describes a very serious offense that causes significant damage to one’s reputation, finances, or quality of life, all of which can subject a victim to extreme psychological and emotional traumas. For this reason, blackmail is deemed as a very serious offense under criminal law, and therefore, renders major penalties, including jail time.

West’s Encyclopedia of American Law, (2d Edition, 2008), defines blackmail as: “[t]he crime involving a threat for purposes of compelling a person to do an act against his or her will, or for purposes of taking the person’s money or property.

Forms of Blackmail

Blackmail crimes come in all forms. A blackmailer could threaten a person to do something they don’t want to do by threatening physical violence, or threatening to harm their 1) reputation, 2) employment status or privileges, 3) school admissions, 4) child custody rights, 5) social status, 6) membership status, 7) finances, 8) property, 9) loved ones, and much more. A blackmailer may even threaten to reveal secrets that can cause harm to all of these elements of life and more.

Typically, the person doing the blackmailing is someone that has a level of authority or power over the victim, such as an employer, computer hacker, spouse, parent, guardian, conservatorship representative, lawyer, agent, teacher, school administrator, and similar authorities. However, this is not always the case. A blackmailing victim can be blackmailed by their best friend, romantic partner, neighbor, or even a minor.

Blackmail Versus Extortion

The terms blackmail and extortion are sometimes used interchangeably to describe the same type of crime. However, blackmail is typically reserved to describe crimes of threat, while extortion is more like blackmail that results in actually receiving funds, money, payment, or some other reward. Basically, when blackmail is successful, it turns into the crime of extortion.

Penalties for Blackmailing

Here in Indiana, if the defendant is charged with blackmail or extortion, they will face a long list of penalties, with the possibility of jail time. In most cases, a first offender convicted of a blackmailing crime will be sentenced to fines. In other cases, a defendant might be sentenced to fines and imprisonment. Aside from criminal penalties, a person convicted of blackmail or extortion may also face a civil lawsuit brought on by the victim. The victim could seek damages from the blackmailer in the form of compensation or settlement.

What to do if you’re being blackmailed: Immediately contact the police and give a full report. Never take matters into your own hands.

Are you currently facing criminal charges for bribery, blackmail, or extortion in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive criminal defense for misdemeanor or felony criminal charges in Indianapolis, Indiana. We represent adults, minors, and juveniles all across the state.

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