If you or someone you know is facing federal blackmail charges under 18 USC Section 873, it’s crucial to consult with experienced federal criminal defense lawyers as soon as possible. At The Law Offices of Jonathan F. Marshall, we focus in federal criminal defense and can provide the legal guidance you need to navigate this complicated situation. Don’t hesitate to seek professional legal counsel. Contact us at (877) 534-7338 or online to schedule a consultation and discuss your case. With offices throughout New Jersey, we are well-equipped to represent you effectively and vigorously defend your rights.
Blackmail is a term that often carries ominous overtones, conjuring up scenes from movies where dark figures exchange envelopes in shadowy corners. But what does federal law in the United States have to say about blackmail? If you’ve found yourself entangled in a situation involving allegations of blackmail, you’ll want to pay close attention to 18 USC Section 873.
What Constitutes Blackmail Under 18 USC Section 873
The language of 18 USC Section 873 is rather straightforward. According to this federal statute, an individual is guilty of blackmail if they demand or receive money, or any other item of value, under the threat of revealing a violation of any United States law. In simpler terms, if you threaten to expose someone’s illegal actions unless they pay you or give you something valuable, you could be charged under this law.
Penalties For Violating 18 USC Section 873
The federal law is clear on the consequences for those found guilty of blackmail. Offenders may be subject to a fine, imprisonment for up to one year, or both. These penalties indicate that the law takes such offenses seriously, albeit the term of imprisonment is limited to one year, making it a less severe offense compared to other federal crimes.
Threat Of Informing As A Key Element
One important element to take note of in this statute is the “threat of informing.” Unlike some other forms of extortion where the threat might be to one’s personal safety or reputation, the focal point here is the threat to expose a violation of a law. The threat could be either explicit or implied, but it should be geared towards revealing a legal violation.
The Broad Scope Of ‘Any Law Of The United States’
The statute uses the broad phrase “any law of the United States,” making the scope quite wide. This means that the violation could range from minor infractions to major crimes, and it would still fall under the jurisdiction of 18 USC Section 873.
Demands And Receipts: Both Are Grounds For Charges
Another point to consider is that both demanding and receiving are mentioned in the law. This means that not only the act of making the blackmail demand is punishable but also receiving any money or valuable item as a result of that demand. It adds an extra layer of responsibility to ensure one is not involved in such activities, whether it’s the act of demanding or the act of receiving.
Exploring Defenses To Blackmail Under 18 USC Section 873: What You Need To Know
While 18 USC Section 873 clearly outlines what constitutes blackmail, the law does leave room for defenses based on broad principles of criminal law. These defenses often rely on undermining the prosecution’s case by questioning intent, the legitimacy of the threat, or the sufficiency of the evidence. Understanding these potential defenses is crucial for anyone facing a blackmail charge under this statute.
Lack Of Intent To Blackmail
One of the most straightforward defenses is to argue that there was no intent to blackmail the other party. The statute specifically mentions that an individual must “demand or receive money or other valuable thing” under the threat of exposing a violation of a U.S. law. Therefore, proving that there was no intention to either demand or receive money or valuables under such a threat could serve as a valid defense.
Insufficient Evidence
In a court of law, the burden of proof falls on the prosecution. The prosecutors must prove beyond a reasonable doubt that the accused person demanded or received money or something valuable under the threat of exposing a legal violation. If there is insufficient evidence to support this claim, then the defense can argue for a dismissal of the charges. This could include the lack of tangible proof linking the accused to the alleged blackmail activity.
Involuntary Or Coerced Actions
There may be instances where an individual engages in the act of blackmail under duress or coercion. If one can prove that they were forced or threatened into carrying out the act, it could serve as a defense. However, this would require substantial evidence to prove that the individual had no other reasonable option but to comply with the coercion.
Questioning The Legitimacy Of The Threat
The statute focuses on the “threat of informing” about a violation of any U.S. law. Therefore, a possible defense could be to question the validity or legitimacy of the threat made. If the threat to inform doesn’t involve revealing a violation of U.S. law, then the act may not be classified as blackmail under this statute.
Not A Violation Of U.S. Law
The federal statute specifically relates to violations of U.S. laws. If the information being threatened to be exposed does not relate to a violation of any law of the United States, then the accused might argue that their actions do not fall under 18 USC Section 873.
Frequently Asked Questions About Blackmail Under 18 USC Section 873
What Exactly Is Considered Blackmail Under 18 USC Section 873?
Blackmail, as defined by 18 USC Section 873, involves demanding or receiving money or something valuable under the threat of exposing someone’s violation of any U.S. law. Simply put, if you threaten to inform authorities about someone’s illegal actions unless they pay you, you may be charged under this statute.
What Are The Penalties If Convicted Of Blackmail Under This Law?
If you are convicted of blackmail under 18 USC Section 873, you could be subjected to a fine, a prison term of up to one year, or both. The penalties clearly indicate that the federal government takes these cases seriously.
Is It Blackmail If I Don’t Actually Receive Any Money Or Valuables?
Yes, even just the act of demanding money or something valuable with the threat of exposing a violation of U.S. law can qualify as blackmail under 18 USC Section 873. You don’t need to actually receive anything to be charged.
What Constitutes A ‘Threat Of Informing’?
A “threat of informing” means that you are threatening to disclose someone’s violation of a U.S. law. This could range from minor infractions to more severe crimes.
Does It Have To Be A Federal Law That Is Being Violated?
The statute refers to “any law of the United States,” making it broad in scope. The violation could relate to any U.S. law, whether it’s federal or state, as long as the threat involves exposing that violation.
Can I Defend Myself Against A Blackmail Charge Under 18 USC Section 873?
Yes, there are several defense strategies that can be employed if you are accused of blackmail under this statute. These may include questioning the sufficiency of evidence, proving a lack of intent, or demonstrating that you acted under duress or coercion.
Federal Blackmail Lawyer
If you or someone you know is facing charges of blackmail under 18 USC Section 873, it’s crucial to consult with an experienced federal criminal defense lawyer as soon as possible. At The Law Offices of Jonathan F. Marshall, we focus in defending clients against federal criminal charges, including blackmail. Our seasoned team of lawyers can help you through the complexities of the legal system and work to protect your rights. Don’t hesitate; take the first step in building your defense. Contact us today at (877) 534-7338 or reach out to us online to schedule a consultation. We have offices throughout New Jersey, offering convenient locations for residents facing federal charges.
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