What is Blackmail in Florida?
While there is no specific statute in Florida defining the crime of blackmail, the closest crime that resembles it is extortion. The Florida statutes define extortion as the moving someone to do (or to admit or refrain from doing) something by means of a threat to do an unlawful act, according to Section 836.05. A threat to send, cause or expose any secret or disgraceful fact concerning any person is a method by which extortion may be committed. In other words, using private information to induce a person to do something they have no interest in doing, is blackmail .
Blackmail typically involves one of two things: either (1) forcing someone to hand over money with the threat of exposing some scandalous information, or (2) withholding information and forcing someone to do something in exchange for the silence about the information.
However, the Florida Supreme Court, in the case of State v. Buchalter, 7 So. 2d 690 (Fla. 1942), found that extortion does not require proof of any other threat by the defendant. Therefore, threats that accompany the request to refrain from doing anything, or to do something in return for the silence, are not required to threaten with physical harm.
In practice, these crimes tend to blend together. For example, many cases charged as blackmail or blackmail related charges tend to be prosecuted as extortion.
Penalties for Blackmail in Florida
The legal consequences of being found guilty of blackmail in Florida are serious. Blackmail is a third degree felony under Fla. Stat. § 812.035. That means that a conviction of blackmail carries a penalty of five years in state prison and/or permanent criminal record, including felony status and employment disqualification. Because of the severity of this penalty, the need to retain an experienced criminal defense lawyer is vital.
In § 812.035, the legislature goes on to enumerate a number of circumstances or characteristics of blackmail or extortion. All of these factors tend to increase the penalty one might face. These are: It is also noteworthy that a defendant found guilty of blackmail is also required to make full restitution to the victim. Restitution is ordered by the court to afford the victim what he was owed but for the blackmail. Further, if convicted, a defendant is at risk of civil liability; any person injured as a result of blackmail may bring a civil action against the defendant. In a civil action for blackmail, the plaintiff may recover compensatory damages for economic and non-economic damages and copies of any business records relevant to the action.
Blackmail Vs Extortion in Florida
In Florida however, there is no difference legally between blackmail and extortion. While blackmail in some states is seen as a more serious offense than extortion, the terms are interchangeable in Florida, as they are the same in legal terms.
Blackmail, or extortion, is defined as the wrongful demanding of money in exchange for the cessation of some unlawful act or the refraining of some act that harms the victim. Any communication via text, e-mail or in person can result in extortion charges.
Extortion is defined under Chapter 836 of the Florida Statutes. Florida Statute 836.05 states that any person that communicates to another person, either in writing or verbally, in some form of violence – such as to do bodily injury to any person or property – in conjunction with an object to extort money, goods or services will be charged with a third degree felony.
Because extortion is handled within a single statute, it is not necessarily considered a type of theft, like some other crimes are. This classification can change the penalties that are associated with the crime. When charged as a theft, it might not be classified as a felony, but a misdemeanor.
The most common form of blackmail is when people get credit card information and then threaten to tell someone about the information unless that person gives them money. Because the threat is implicit that they won’t give the information back, the threat of bodily injury does not have to be made for blackmail to occur.
How to Defend Yourself Against Blackmail Charges
There are a number of defenses that are available to individuals facing blackmail charges in the state of Florida. For instance, if you can show that the alleged victim actually consented to the request, then blackmail charges may be dismissed. If consent is established, the threat of exposure could not have been intended to coerce the alleged victim into doing what the defendant desired, which are essential elements of Florida blackmail laws.
Another defense is lack of intent or coercion. In order for a person to be guilty of extortion or blackmail, he or she must have intended to "force or compel", by threat of exposure of any information, another person to commit, abstain from doing, or purchase any thing of value, including services of any kind. If the threat was only intended to obtain something with no intention to compel the alleged victim to do anything, then the element of intent is lacking. Therefore , blackmail can only occur if the alleged victim feared exposing the threatened information would lead to serious harm or danger to him or herself.
Lastly, the same type of due diligence that applies when determining whether a person has been appropriately charged with blackmail also applies when determining whether a defendant has acted appropriately when accused of blackmail. Appropriateness includes providing the alleged victim with every opportunity to remedy the situation, or request prior to taking further action. If it is determined that a defendant acted appropriately, and the alleged victim acted in a way that caused or contributed to the need for the alleged blackmail, then the defendant could have a strong defense against a blackmail charge.
The legal defense team will review the circumstances of your alleged blackmail charge, interview all relevant witnesses and consult with forensic experts when necessary. This will substantially bolster your case and significantly improve your chances of securing the most favorable outcome possible.
What to Do if You Are the Victim of Blackmail
Understanding that blackmail is a serious crime is the most important first step. The second step is to understand that you have legal rights and options. Although many forms of extortion threaten people with social or professional embarrassment, people can face significant economic loss or physical danger from threat of violence. The following steps are recommended if you believe you are a victim of blackmail in Florida: The Florida State Law Enforcement Agency (FDLE) maintains an online reporting system for victims of blackmail, extortion, and other similar crimes. The U.S. Department of Justice operates the Internet Crime Complaint Center (IC3) for Americans filing cybercrime complaints for investigative and criminal prosecution purposes. Law enforcement officers will contact and investigate the complaint, typically on the state level through the FDLE. Where to find help: National Association of Attorneys General. Victims of crime are eligible for assistance from the Florida’s state assistance fund. The fund provides limited cash assistance to eligible victims. You can access the claim form here. Florida residents or visitors who are victims of blackmail should also understand that they have the legal right to file a restraining order against their alleged trafficker in Florida. Restraining orders have the potential to help victims escape their abuser by preventing the perpetrator from having contact. When a court enters a restraining order, it is an indication that the judge found valid reason to keep the perpetrator away from you. It is important to understand the various types of restraining orders and how they work so that you can pursue the right type of order. Our Florida restraining order attorneys are here to answer your questions and help you navigate the process.
High Profile Blackmail Cases in Florida
Florida has seen its fair share of high-profile blackmail cases, some of which have shaped the way courts interpret and apply the law when it comes to extortion and blackmail. In 2001, a Miami businessperson was charged with attempting to extort $2 million from his business partner by threatening to expose alleged wrongdoing. The case went to trial, and the defendant was convicted on three counts of extortion and one count of attempted extortion. He was sentenced to 20 years in prison and ordered to pay $1.5 million in restitution. The case set a precedent for how threats are interpreted in the context of blackmail, particularly in how they can be considered both direct and indirect.
In another high-profile case in Florida , a police officer was convicted of blackmail for attempting to extort money from a suspect in a prostitution case. The officer demanded $400 from the suspect in exchange for not arresting him. The officer was convicted of one count of extortion and two counts of official misconduct. The officer received a 10-year prison sentence. This case highlighted the role of law enforcement in preventing blackmail and corruption.
Even though these cases may be resolved, the result of them horrify the accused individuals considering or charged with blackmail. As mentioned previously, Florida offers severe penalties for blackmail and extortion.