In other words, if someone fails to meet the five-year deadline for pressing charges, they can be prohibited from bringing a claim later on.
This period is called the statute of limitations and lasts 5 years in Texas. One of the most important things to remember is that there is a time limit that someone has to bring a claim against another person or entity for the crime of blackmail or extortion. Additionally, if the threats were given to an elderly or young person or a government official, the penalties may be higher. Those who take property valued between $2,500 and $30,000 can get six months to two years in state jail as well as a fine of up to $10,000. However, the higher the value of the property gained, the higher the charge. Penalties for blackmail or extortion include:īlackmail or extortion is considered a Class C misdemeanor in Texas when the property that is gained is less than $100. Property also need not to be successfully taken to qualify – just that the intent was there to take it. Additionally, it’s not necessary that the victim felt fearful – just that the defendant intended them to. The defendant must also intend to cause fear in the victim, though the fear need not only be of physical harm. Both blackmail and extortion require the intent to force the other person to provide something of value. Threats can be verbal, in writing, or through other methods of communication, such as gestures. Penalties for blackmail or extortion are dependent upon the severity of the threats, intent, property, and fear involved. Blackmail requires that the victim pay (whether with money, property, or services) in order to prevent the disclosure of such information. But rather, blackmail involves the threat to disclose information that could negatively impact the victim’s reputation, career, or personal relationships. Blackmail doesn’t involve threats of violence to someone or their property. While extortion used to be a crime that could only be committed by a public official, a private citizen can now commit it.īlackmail is like extortion in that there is a threat, but the difference is the type of threat.
In other words, extortion basically occurs when someone threatens one of the aforementioned types of harm if the victim fails to comply with a request. Extortion uses coercion (usually a threat of violence, a threat of property destruction, or a threat to perform an improper governmental action) in order to obtain money, property, or services from another person. Under Texas law, blackmail and extortion are differentiated between one another by the conduct involved. Here’s what to know about blackmail in Texas. There are some differences between the two. However, blackmail is not the same thing as robbery, which requires an immediate fear of physical harm for the victim.īut while blackmail and extortion are commonly used interchangeably, they aren’t exactly the same. But what actually is it? In Texas, blackmail, commonly known as extortion, is a type of theft. You may have heard mention of “blackmail” in the news or media.
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