Where a police officer was charged with having abetted the accused to extort money from the complainant, it could not be held that he had done the same in his official capacity, and, therefore, necessary sanction under section 197, Code of Criminal Procedure, 1973 for his prosecution was not needed. Where in a criminal case a mukhtyar, with the intention of extorting money, threatened to put scandalous, indecent and irrelevant questions intended to annoy and insult the prosecution witnesses, he was held guilty under this section. The said victim, or any other Person, would be subjected to harm to reputation, or harm to property, or bodily harm, or a mental alarm had caused to the said victim by such inducement. a instrument signed or sealed, which is in the nature of a valuable security,Ĥ.The Person accused, by his conduct, had threatened the victim, by putting him in fear that, Putting in fear and attempting to put in fear of any injury both have been treated at par, and it is not necessary that extortion must take place because the language used is ‘in order to the committing of extortion’. Putting or attempting to put a person in fear of injury in order to commit extortion has been penalised under this section. Connect with Werksman Jackson & Quinn LLP immediately if you are facing charges of blackmail or extortion.Sec 385: Putting person in fear of injury in order to commit extortion The best thing to do if charged with blackmail or extortion is to get a Los Angeles criminal defense attorney on your side. I’ve Been Charged with Blackmail or Extortion – What Do I Do Now? If a felony, the penalties imposed can be up to four years in prison and a fine of up to $10,000. If a misdemeanor, the penalty can be up to 364 days in prison and a fine of up to $1,000.
Attempted blackmail can be classified as either a misdemeanor or a felony, depending on the severity of the crime.
Unlike some other states, in California, blackmail and extortion are classified as felonies and carry a penalty of up to four years in prison and a fine of up to $10,000.Įven if someone “unsuccessfully” blackmails or extorts someone else, they are still guilty of a crime – but in this case, it is attempted blackmail or extortion.
What Are the Penalties for Blackmail and Extortion? Even if you are threatening to reveal real criminal activity, it is still blackmailing and illegal. It is interesting to note that blackmail is a crime regardless of the validity of the information. There are countless cases of blackmail where celebrities have paid to keep their relationships hidden. Joe knows that revealing this knowledge to Bill’s wife can cause their marriage to fall apart, and threatens that he will reveal this knowledge unless Bill pays Joe a sum of money. What Is Blackmail?īlackmail, on the other hand, can be defined as obtaining money, goods, or services from an individual through the threat of revealing embarrassing, incriminating, or socially damaging information.Īs an example of blackmail, take the scenario of Joe obtaining knowledge of Bill’s prior sexual misbehavior. Another type of coercion is when a government official obtains money to perform an official act, or when a police officer abstains from an arrest in exchange for cash. Members of the gang approach a small business and threaten the destruction of the shop unless the owner pays them a regular “protection” fee. Threatened refusal to testify can also be classified as coercion.įor example, take the scenario of a local gang in a neighborhood. The coercion could be violence, the threat of violence, destruction of property, or incorrect governmental activity. What Is Extortion?Įxtortion is defined as the use of coercion to obtain money, goods, or services from an individual. In the state of California, they are both covered under one law (the California Extortion and Blackmail Law) and have the same penalties, but these two crimes are different. Blog home Criminal Defense The Differences Between Extortion and Blackmail The Differences Between Extortion and Blackmailīy Los Angeles Criminal Defense Attorney on November 30, 2019Įxtortion and blackmail are similar crimes.
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