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New York Blackmail Crimes: FAQ

What is Legally Considered Blackmail in New York

In New York, Blackmail and Extortion is defined as one of the ways that a person can commit a larceny, or a theft. Extortion and Blackmail in New York is essentially when one person scares another person into giving them something of value, usually money, typically by threatening to cause a physical injury to another person, cause damage to property, commit a crime, accuse a person of a crime, expose a secret or fact, regardless of its veracity, that tends to subject another person to contempt or ridicule, perform an act that serves no benefit to the person but would hurt another person's reputation, or threaten another person's health or business.

Is Blackmail a Felony

Yes. In New York, theft by Blackmail or Extortion is a form of either Grand Larceny in the Second Degree or Grand Larceny in the Fourth Degree, depending on the nature of the threats or manner in which the extortion is accomplished.

Is it Against the Law to Blackmail Someone

Yes. In New York, theft by Extortion, commonly referred to as “Blackmail,” is a crime punishable by time in state prison.

Is Extortion a Crime

Yes. In New York, extortion is a felony and a crime punishable by time in state prison.

Is Blackmail a Federal Offense or a New York Crime

Blackmail, or Extortion, is a crime covered by both the New York State Penal Law and the United States Code. This means that a person can be prosecuted for blackmail in either New York State Court, or Federal Court.

What is the Penalty for Blackmail

In New York, blackmail, or theft by extortion, is typically either a B felony or D felony, depending on the circumstances. This means that blackmail is punishable by up to an indeterminate sentence of 8 ½ to 25 years in state prison, or even 12 ½ to 25 years in state prison if a person has a prior felony conviction in the last ten years. A person convicted of a crime related to blackmail could also be sentenced to probation, fines or essentially no jail time at all.

Can a Person go to Jail for Blackmail

Yes. Blackmail, or theft by extortion, is punishable by time in state prison in New York.

How do I Report Someone for Blackmail

If you are the victim of blackmail in New York, you can report the incident to your local police department. Your local District Attorney's Office will also most likely have a number you can call to report a crime, including blackmail. A victim of blackmail can also hire a criminal attorney to help them through the process of reporting the crime.

Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.

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