NYS Blackmail & Extortion Crimes: FAQ

by ECL Writer
Criminal Offense Of Blackmail In New York State

Blackmail and extortion Crime are serious in New York State. Both crimes involve threats and intimidation that can result in significant harm to the victim. In this article, Eastcoastlaws.com will answer some frequently asked questions about blackmail and extortion crimes in New York.

What Is The Difference Between Blackmail And Extortion?

Blackmail is the act of threatening to reveal embarrassing, damaging, or sensitive information about a person unless they comply with the blackmailer’s demands. Extortion is the act of threatening physical harm or property damage unless the victim complies with the extortionist’s demands. The primary difference between the two is the nature of the threat.

Is Blackmail A Felony In New York?

Yes, blackmail is considered a felony in New York. The severity of the charges depends on the value of the property or money demanded by the blackmailer. If the value is less than $1,000, the perpetrator may face a class A misdemeanor charge. If the value is more than $1,000, they may face a class E felony charge.

Is Extortion A Felony In New York?

Yes, extortion is considered a felony in New York. The severity of the charges depends on the nature of the threat and the value of the property or money demanded by the extortionist. If the threat involves physical harm or property damage, the perpetrator may face a class D felony charge. If the value of the property or money demanded is more than $1,000, they may face a class E felony charge.

What Are The Penalties For Blackmail In New York?

The penalties for blackmail in New York depend on the severity of the offense, the perpetrator’s criminal history and the value of the property or money demanded. If the value is less than $1,000, the perpetrator may face a maximum penalty of one year in jail and a fine of up to $1,000. If the value is more than $1,000, they may face a maximum penalty of four years in prison and a fine of up to $5,000.

What Are The Penalties For Extortion In New York?

The penalties for extortion in New York depend on the severity of the offense, the nature of the threat, and the value of the property or money demanded. If the threat involves physical harm or property damage, the perpetrator may face a maximum penalty of seven years in prison and a fine of up to $5,000. If the value of the property or money demanded is more than $1,000, they may face a maximum penalty of four years in prison and a fine of up to $5,000.

Can A Victim Sue A Blackmailer Or Extortionist In Civil Court?

Yes, a victim can sue a blackmailer or extortionist in civil court for damages resulting from the crime. This may include compensation for any money or property lost as a result of the crime, as well as emotional distress and other damages.

Can An Individual Be Charged With Both Blackmail And Extortion?

No, an individual cannot be charged with both blackmail and extortion for the same crime. However, if the nature of the threat includes both physical harm or property damage and the threat to reveal embarrassing or damaging information, the perpetrator may face charges for both crimes.

How Do I Report Someone For Blackmail?

If you are being blackmailed, it is essential to report it to the authorities as soon as possible. Here are the steps to follow:

  • Collect evidence: If possible, gather any evidence related to the blackmail, such as emails, texts, or voicemails.
  • Contact the police: Call your local police department or go to the nearest police station to file a report. Explain what has happened, and provide any evidence you have.
  • Consider a restraining order: If you feel unsafe or threatened, you can consider obtaining a restraining order against the blackmailer. You can obtain a restraining order by contacting your local family court or hiring an attorney.
  • Notify the website or platform used: If the blackmail occurred through a website or platform, notify the company’s customer service or legal department about the situation.
  • Contact a lawyer: Consider contacting a lawyer who specializes in criminal defense or cybercrime. They can provide you with legal advice and help you understand your rights and options.

Remember, blackmail is a serious crime, and you have the right to seek help and protection. Reporting the blackmail to the authorities can help prevent the blackmailer from harming you or others in the future.

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