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The 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.

The term blackmail originally denoted a payment made by English persons residing along the border of Scotland to influential Scottish chieftains in exchange for protection from thieves and marauders.

In blackmail the threat might consist of physical injury to the threatened person or to someone loved by that person, or injury to a person's reputation. In some cases the victim is told that an illegal act he or she had previously committed will be exposed if the victim fails to comply with the demand.

Although blackmail is generally synonymous with Extortion, some states distinguish the offenses by requiring that the former be in writing.

Blackmail is punishable by a fine, imprisonment, or both.

How do you blackmail? + Answer:It's actually pretty easy to blackmail....(not that I know)lol:p All you really do is threaten people and the person you threaten wouldn't know it was you. But seriously, you shouldn't do it to people even if you HATE the person A LOT!!!! You can even go to jail for it!!!I really shouldn't of told you what and how to do it because I don't want to give anyone ideas sooo....That's how you blackmail.REMEMBER:YOU WILL GET IN LOTS OF TROUBLE IF YOU BLACKMAIL SOMEONE...SO DON'T DO IT!!!!(bye bye) + and if you do you are jacked up

The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.

Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.Elements of Offense

Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.

Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion.

Under the common law and many statutes, an intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. Statutes may contain words such as "willful" or "purposeful" in order to indicate the intent element. When this is so, someone who mistakenly believes he or she is entitled to the money or property cannot be guilty of extortion. Some statutes, however, provide that any unauthorized taking of money by an officer constitutes extortion. Under these statutes, a person may be held strictly liable for the act, and an intent need not be proven to establish the crime.

Statutes governing extortion by private persons vary in content. Many hold that a threat accompanied by the intent to acquire the victim's property is sufficient to establish the crime; others require that the property must actually be acquired as a result of the threat. Extortion by officials is treated similarly. Some statutes hold that the crime occurs when there is a meeting of the minds between the officer and the party from whom the money is exacted.Extortion by Public Officers

The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. The officer falsely claims authority to take that to which he or she is not lawfully entitled. This is known as acting under color of office. For example, a highway department officer who collects money from a tax delinquent automobile owner in excess of the authorized amount on the pretense of collecting a fine is extorting money under color of office. The victim, although consenting to payment, is not doing so voluntarily but is yielding to official authority.

There are four basic ways in which a public officer commits extortion. The officer might demand a fee not allowed by law and accept it under the guise of performing an official duty. He or she might take a fee greater than that allowed by law. In this case the victim must at least believe that he or she is under an obligation to pay some amount. A third method is for the officer to receive a fee before it is due. The crime is committed regardless of whether the sum taken is likely to become due in the future. It is not criminal, however, for an officer to collect a fee before it is due if the person paying so requests. Finally, extortion may be committed by the officer's taking a fee for services that are not performed. The service refrained from must be one within the official capacity of the officer in order to constitute extortion.Other Crimes Distinguished

As a crime of theft, extortion is closely related to Robbery and False Pretenses.

Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats.

False pretenses is another crime that is similar to extortion. The main difference is that in the case of false pretenses, the property is obtained by a lie rather than a threat.Defenses

A person who acts under a claim of right (an honest belief that he or she has a right to the money or property taken) may allege this factor as an Affirmative Defense to an extortion charge. What constitutes a valid claim of right defense may vary from one jurisdiction to another. For example, M, a department store manager, accuses C, a customer, of stealing certain merchandise. M threatens to have C arrested for Larceny unless C compensates M for the full value of the item. In some jurisdictions it is only necessary for M to prove that he or she had an honest belief that C took the merchandise in order for M to avoid an extortion conviction. Other jurisdictions apply a stricter test, under which M's belief must be based upon circumstances that would cause a reasonable person to believe that C took the item. Another, more stringent, test requires that C in fact owe the money to M. Finally, some states entirely reject the claim of right defense on the theory that M's threat is an improper means of collecting a debt.Punishment

Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include Forfeiture of office. Under some statutes, the victim of an extortion may bring a civil action and recover pecuniary damages.Federal Offenses

Extortion is also a federal offense when it interferes with interstate commerce. It is punishable by a fine, imprisonment, or both. Another federal statute makes it a crime to engage in extortionate credit transactions.

False representations of material past or present facts, known by the wrongdoer to be false, and made with the intent to defraud a victim into passing title in property to the wrongdoer.

Suppose Reba tells Alberto that a synthetic gemstone is a valuable diamond that she will give to Alberto in exchange for Alberto's truck. Alberto thinks this sounds like a good deal and transfers title of his truck to Reba. If Reba knows that the stone is a synthetic gemstone, she is guilty of false pretenses.

A truthful statement that causes someone to give up rights in property does not constitute criminal false pretenses; a representation must be false at the time the potential victim is about to pass title. If the representation was false when made, but changing circumstances made it true by the time the victim passed title, false pretenses did not arise. Also, if the alleged wrongdoer thought his or her statement was a lie, but the statement was in fact true, the crime of false pretenses was not committed. For example, if Reba thinks the stone is synthetic, but it actually is a diamond, her statement to Alberto claiming that it is a diamond is true (even if she doesn't know it). Therefore, Reba is not guilty of false pretenses.

A false representation can be a verbal, written, or implied statement. For example, if a statement suggests that the wrongdoer has the authority, power, or ability to perform what is represented, but the wrongdoer does not have that authority, power, or ability, the implication is a false representation.

A false representation can also occur when the wrongdoer says or does nothing. This is the case when someone knowingly conceals information that the victim should be made aware of. For example, if Reba tells Alberto that she will trade her valuable sports car for Alberto's truck, knowing that the sports car does not have a motor, she must tell Alberto about the missing motor or her nondisclosure will be a false representation.

The false representation supporting false pretenses must be about a material fact. A material fact is one that would be important to the victim in his or her decision-making process. For example, it is important for Alberto to know that Reba's sports car does not have a motor, because without a motor, the car is less valuable and cannot be driven. It is less important for him to know that the tire pressure is low, because that fact does not affect the value of the car, and thus Reba would not be guilty of false pretenses for failing to mention that the tires need air.

The representation must concern a past or present fact; a false representation of a future fact does not constitute criminal false pretenses. A car salesperson who claims that a car will run great in ten years is representing a future fact. An exaggerated expression of opinion, like a sales pitch, may not be entirely true but is not a criminal false representation. However, a promise about the future that, at the time it is made, the promisor does not intend to keep, is a criminal false representation of a material fact. If the salesperson promises to buy the car back if it is not running great in ten years, but he does not intend to satisfy the promise, the false promise is a false representation.

When a representation is in fact false, the wrongdoer must know it is false. If an alleged wrongdoer believed the statement was true— whether that belief was reasonable or unreasonable—he or she did not commit false pretenses because they did not knowingly make a false representation. If Reba believes that the synthetic stone is in fact a diamond, then she does not commit false pretenses when she tells Alberto it is a diamond. However, if the wrongdoer is not sure or does not care if a statement is false, and makes the statement with reckless indifference for truthfulness, the statement is a false representation.

It is important to determine why the wrongdoer told the lie. The wrongdoer must intend the false representation to defraud the victim. Intention to defraud the victim exists where the wrongdoer planned to unjustly acquire title to the victim's property by means of the untruth. That is, the wrongdoer will have planned the false representation in advance and will have calculated to deceive the victim into transferring title by way of the false statement. Telling an untruth, in and of itself, will not subject the liar to prosecution for false pretenses.

The victim of false pretenses must have relied on the false representation. The false representation must be the reason, or one of the reasons, that the victim passed title to the wrongdoer. It does not matter how gullible or naive the victim would seem for believing the representation; the wrongdoer is still guilty. On the other hand, to rely on a false statement, the potential victim must believe it to be true. An individual who does not believe a false representation but passes title to the statement maker anyway does not rely on the representation, and the statement maker will not be guilty.

Conviction of false pretenses requires the wrongdoer to obtain more than possession of the property; the wrongdoer must also obtain title to the property. A wrongdoer who gains possession of property but not title to the property is guilty of a different crime often referred to as Larceny. For example, a wrongdoer who breaks a truck's window and hot-wires the truck acquires only possession of the truck and is guilty of larceny.

Other laws may require the delivery of the possession of property in order to complete a transfer of title. In such cases, the wrongdoer may have to obtain title as well as possession of the property to be guilty of false pretenses. Imagine that the laws of the state where Alberto and Reba live require a party to take possession in order to obtain a valid transfer of title. Alberto signs the paper title over to Reba, but before Reba drives the truck away, Alberto figures out the scam, and Reba runs off. No transfer of title has occurred, because the state's laws require possession in addition to paper title, and Reba is not guilty of false pretenses.

Title does not have to pass directly to the wrongdoer. A wrongdoer can cause a victim to pass title to someone other than the wrongdoer and still benefit from the transfer. A transfer of title to a family member or a corporation in which the wrongdoer has an interest constitutes a transfer of title for purposes of false pretenses.

In many states, crimes relating to theft of property, including false pretenses, have been combined and consolidated into one offense. Statutory consolidation usually does not change the essential elements of false pretenses, but instead ensures smoother prosecution so that wrongdoers cannot avoid criminal consequences by finding legal loopholes to slip through.

A number of crimes are very similar to false pretenses. For example, when an individual attempts to pass a bad check, there is intent to defraud because he or she is attempting to obtain money or property by issuing checks from an account that does not exist or has insufficient funds. Mail Fraud is a crime reasonably calculated to deceive victims, and accomplishes the deception by using the U.S. mail. A scheme to defraud using the mail is actionable whether or not any false representation was made. Securities registration laws prohibit a wrongdoer from knowingly furnishing false information in connection with the sale or registration of securities. Forgery can be likened to false pretenses in that it is a crime where the genuineness of a document is falsely represented.

In addition to being criminally accountable for obtaining property by false pretenses, the wrongdoer may also be liable in a civil court. Liability for tortuous fraudulent Misrepresentation, or deceit, closely parallels liability for criminal fraudulent misrepresentation. A wrongdoer who fraudulently misrepresents a fact in order to induce another to act or refrain from acting in reliance upon it may be liable for pecuniary loss caused to the victim by the victim's justifiable reliance upon the misrepresentation.



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