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In Washington State, blackmail is prosecuted as extortion, which is a felony offense. It involves knowingly obtaining or attempting to obtain property or services through threats. There are two degrees of extortion, with the first degree being a Class B felony and the second degree a Class C felony, according to FindLaw.
Key aspects of Washington's extortion law:
• Definition:
Extortion involves using threats to obtain property or services from another person.
• Threats:
The threats can include causing bodily injury, damaging property, confining someone, exposing secrets, or withholding testimony.
• Degrees of Extortion:
◦ Extortion in the First Degree:Classified as a Class B felony, potentially leading to a prison sentence of up to 10 years and a fine of up to $20,000.
◦ Extortion in the Second Degree:Classified as a Class C felony, potentially leading to a prison sentence of up to 5 years and a fine of up to $10,000.
•
• Felony Offense:
Both degrees of extortion are classified as felonies, indicating the seriousness of the crime.
• Defense:
A criminal defense attorney can help build a case by identifying potential defenses, such as mistake of fact or duress.
Federal law defines blackmail as a misdemeanor under 18 U.S.C. § 873, which prohibits demanding or receiving money or anything of value under the threat of informing or not informing on a violation of US law. This offense is punishable by up to one year in prison, a fine, or both, according to Stechschulte Nell.
Key aspects of federal blackmail law:
Threat of informing:
The core of the offense is threatening to disclose a violation of U.S. law to authorities or using the threat of such disclosure to extort something of value from someone.
Demand or receipt of value:
The perpetrator must demand or receive something of value, such as money or property, in exchange for not disclosing the information.
Misdemeanor offense:
Unlike some state laws where blackmail can be a felony, federal law classifies it as a misdemeanor, according to Black & Askerov, PLLC.
Potential penalties:
A conviction can result in up to one year in prison, a fine, or both.
State law variations:
It's important to note that state laws may also address blackmail, and penalties can vary.
Example: If someone threatens to report another person to the FBI for a past drug offense unless they are paid a sum of money, that could be considered blackmail under federal law.
Related federal offenses:
Federal law also includes other related offenses, such as extortion by employees of the United States (18 U.S.C. § 872), threats against the President (18 U.S.C. § 871), and interstate communications related to threats (18 U.S.C. § 875).
