Is it considered extortion or blackmail if I ask someone for information and say if they don't provide it I will give their husband evidence of their extramarital affair ??
Answer
Good evening and thank you for your question,
The traditional common law definition of extortion was actually pretty narrow and referred to a government official abusing his position of authority by unlawfully taking money or property from the victim through threats or coercion, in exchange for the government official performing some official act.
Today, "Extortion" is defined as a form of theft when the offender obtains money, property, or anything of value from the victim by coercion.
"Blackmail" involves the offender making threats to another individual, the victim, that certain information about the victim, or his family will be revealed by the offender which could be potentially embarrassing, socially damaging, or incriminating unless the offender's demands for money are met.
Today, many States have combined the crimes of extortion and blackmail because both crimes involve the unlawful taking of money from a victim through coercion or threats. For example, in California, these crimes have been combined under the applicable Statute known as the California Extortion and Blackmail Law. Under this law, anyone who threatens an individual with the use of force, or by threats to reveal damaging information about a person or his family members, unless the victim meets the money demands of the offender, is guilty under this Statute.
Many of the States have also combined these crimes under State Statutes similar to that of California.
Kindest regards,
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