What Is Considered Blackmail in the State of Texas?
Texas law considers blackmail the trade or commerce in secrets. Prior to 1 September 1999, the law referenced "filling a state office with corruption." What this meant was that blackmail would contain elements of extortion. To extort is to demand payment in exchange for not committing theft of bodily property or for doing some other act to the victim’s property. Today no victim property need be involved in either blackmail or extortion. The blackmailer induces someone to part with an interest in something – say a confidentiality agreement – by threatening to do some harm if the victim does not comply. The threat need not be of an unlawful act in the sense of extortion. It does not have to involve words or a telephone call to a victim by the blackmailer. The elements of blackmail are not (in my opinion) as well established as the elements of other offenses because blackmail is a relatively rare offense. By observing certain principles and applying careful thought, however, a person may certainly avoid blackmailing someone knowingly or recklessly . First, if the demand is made in the United States and seeks action in the United States, there is no question that it will constitute blackmail. If the illegal act that the blackmailer threatens to do is to occur in the United States, the statute applies to the blackmailer whether or not he or she lives in the United States. But the statute will apply to a foreign blackmailer who threatens to do an unlawful act outside the United States irrespective of whether the threatened act itself occurs in the United States or elsewhere. The Secretary of State codified the elements of blackmail as follows: A. A person commits an offense if, with intent to harm or defraud another: (B) He knowingly possesses, administers, or applies to the property of another: (C) He knowingly accepts or receives property obtained by threat or consent induced by threat . . .; (D) He knowingly obtains property by causing (or attempting to cause) another to submit to his control by using threat or coercion.
Texas Blackmail Punishments
The law in Texas is very clear that blackmail is a crime. As such, there are legal consequences for committing this offense. If you choose to blackmail someone in Texas you could be facing a Class A misdemeanor with a penalty of up to one year in jail and/or a fine of up to $4,000. As your charge moves up in severity, so do the legal penalties.
Blackmail is a third-degree felony if the person who has been the target of the blackmail is under 18 years of age. The punishment for this crime is included under Title 1, Chapter 12 of the Texas Penal Code: an individual found guilty of a third-degree felony can be sentenced to two to 10 years in prison and/or a fine of up to $10,000.
The penalty doubles if the offense is committed in retaliation against or to harm anyone under the Texas Penal Code Chapters: Title 1, Chapter 19 (intentional murder), Title 2, Chapter 20 (trafficking), Title 3, Chapter 21 (obscene display or distribution of anithi-Asian or anti-Hispanic material), or Title 3, Chapter 22 (Assault, aggravated assault, and deadly conduct).
An individual convicted of dividing up a reward [a Class B misdemeanor] can be fined up to $2,000 or 180 days of jail time, or if convicted of an attempt to obtain rewards through unauthorized disclosures, seeks a reward (intending to cause the person who offers it to act on the offer). The penalty for this is a fine of up to $1,000 up to a year in prison.
One way to see this is blackmail and extortion are similar in severity to other theft offenses. For example:
• Stealing less than $100 is a Class C misdemeanor
• Stealing from $100-$750 is a Class B misdemeanor
• Stealing from $750-$30,000 is a state jail felony
• Stealing from $30,000-$150,000 is a second-degree felony
• Stealing from $150,000-up to $300k is a first-degree felony where the victim is a non-profit organization.
• Stealing of $300,000 or more is a first-degree felony (up to $300,000 or less if the theft is by threat or coercion).
Whether your blackmail falls under misdemeanor or felony blackmail laws will be determined by the situation. Generally, when the threat involves bodily harm and is likely to induce action, the penalty may be a felony.
Blackmail and extortion are serious offenses that can have legal penalties and consequences. Talking to a Texas blackmail and extortion attorney is the best way to educate yourself about what constitutes blackmail as defined by the law and the potential penalties for such offenses in the State of Texas.
Ways to Prove Blackmail
Those who have been a victim of blackmail, or the threat of blackmail, will need to present evidence of the crime if they want to take legal action and bring the perpetrator to justice. Generally, there are two types of evidence that can be used to prove a case of blackmail in a Texas court: When presenting evidence of blackmail, you must first show that the accused used threats of harm, physical force or other forms of intimidation to attempt to gain a benefit from you. In addition, you must show that the benefit gained was something of value. Finally, you must show that the threat was made in order to extort money, or any other object of value. You can’t simply take a screenshot of a threatening message and expect it to be admissible as evidence in court. The courts generally expect all types of evidence to be collected in a particular way, such as keeping the original messages on a device or emailing them to yourself for safe keeping. It must be clear to the court that the collection of evidence was done in a way that was tamper-proof. Through an attorney, you may also be able to obtain the threat via a subpoena. By doing this, you can have all of the text messages, call logs and other evidence stored directly on your attorney’s servers as you prepare for and pursue your case. The burden of proof does not rest on the accused, meaning they are innocent until proven guilty, and you are guilty until proven innocent. For this reason, you need to build an airtight case with plenty of evidence, and even then you may have a difficult time getting the case to court because the severity of penalty in these cases depends primarily on the judge and prosecutor overseeing the trial. Pursuing legal action can be even more difficult if you didn’t let go of your phone encounter that started the issue, or if you didn’t get clear proof that the accused blocked you as they had promised. Text messages or banking transactions might not be sufficient evidence of blackmail for the court to convict the accused. It doesn’t help that the fingerprints of those charged with the crime are often not on any of the communication, leaving the court with no clue who was behind the threat at first. It also presents the issue that once the court finds the suspect guilty, they need to be handed over to Texas authorities 90 days after the verdict and may be needed to appear in court to finalize their punishment, making that hard to do if they’re living outside state lines. At the end of the day, the key to starting the process of prosecuting someone for blackmail in Texas is to collect evidence as thoroughly as possible throughout the threatening situation and to contact an attorney to help guide you through the entire process.
Common Defenses in Blackmail Cases
Defenses in a blackmail case can be nuanced, but a few types of defenses are prevalent. One common defense is that the defendant was not the person committing the extortion. This may involve showing that the person was unaware of the crime or illustrating that the defendant was not physically present when the alleged crime was committed. This can be especially useful when showing that the wrong person was arrested or charged due to a clerical mistake. It can also be used where there is a lack of physical evidence linking the innocent person to the physical crime. A claim of consent can also be used as a defense. If it can be shown that the alleged victim of the extortion or coercion actually consented to the act without any type of physical or mental duress, then this may serve as a full defense to the claim of blackmail. This is often used in situations involving the consensual exchange of money in exchange for some sexual act. If proven, this is a complete defense. Another possible defense is that the defendant truly and honestly believed that the act they committed was not unlawful, such as because they honestly believed that they had the legal right to obtain the type of information they were trying to obtain from the alleged victim. Showing a violation by the state can be another possible defense. In some cases, the alleged victim may have committed some sort of misconduct that violated the law, which could be considered extortion or coercion. If it can be shown that the defendant was trying to get the alleged victim to stop violating the law and that the defendant was doing so in good faith, then that may help the defendant’s case. In some cases, a defendant may be able to show that the conduct that gave rise to the charges was actually conduct that they could be prosecuted for and that they were only charged with and arrested for the more serious offense because there was a lack of evidence for the lesser offense. It may be appropriate to move to dismiss the blackmail charges and proceed with a trial on the subject matter where the much lesser crime can still be punished with a harsh sentence. In many cases, this can also serve to keep the stigma of the blackmail conviction from potentially hurting the client’s other interests or future prospects.
How to Report Someone for Blackmail
For victims of blackmail in Texas, seeking justice may begin with a report to local law enforcement. While you may be angered, frightened or embarrassed to come forward, the law enforcement officers, prosecutors and judges who will handle your case have no such emotions; they simply want the opportunity to enforce the law. The following are some preliminary steps you should take to report the crime and to seek justice.
Take Notes
Before you contact law enforcement, it is a good idea to write down all of the details of the blackmail incident. When did it occur, where did it happen, how did it occur, how many people were involved and did you interact with the suspect? As you write it all down, be as descriptive as possible and include all details that may be relevant to the case, even if you think they are trivial:
File the Report
Once you have all the information down on paper , it is time to file the report. The nature of the crime will dictate where you should go to file the report, and in most cases it will be at your local police station or sheriff’s office. If the blackmail involved interstate activity, the FBI may be able to assist with the issue as well.
Keep in Mind
It is essential to remember that even in the best of circumstances, a criminal charge may not be forthcoming. This does not mean that your blackmail was not serious – only that law enforcement may face challenges in finding sufficient evidence to investigate, assist and eventually prosecute the case.
With the help of a good criminal defense attorney, however, you can make certain that your voice is heard and you are not victimized twice. Although there is no guarantee of an outcome in any legal proceeding, you can be sure that a good attorney will aggressively pursue the outcome you deserve.
Cases of Blackmail in Texas
Notable blackmail cases in Texas have highlighted various aspects of the law, often involving celebrities. The high-profile nature of these cases has prompted careful consideration by law enforcement and prosecutors as to whether sufficient evidence exists to proceed with prosecution.
For example, in January 2005, a grand jury indicted the son of a prominent Houston neighborhood leader for solicitation of a non-existent 14-year-old female. The alleged victim recorded conversations she had with the defendant who asked her to send him nude pictures of herself and threatened to expose her clothing choices if she did not comply.
Fortunately for the alleged offender, the grand jury heard testimony from both the alleged victim and her mother. The mother testified that the case stemmed from a dispute between their families, and not because her daughter was blackmailed. The indictment was dismissed on January 27, 2005.
In another case, disgraced preacher Paul M. Pressley III was convicted of attempting to blackmail a hospital newlywed for $115,000 in hush money and his bishop’s job. He received a 10-year prison sentence. During the trial, it was alleged that Pressley tried to blackmail the hospital owners into relinquishing control of the church to him. He also plead guilty to theft.
How to Prevent Blackmail
While you may not have the misfortune to have been a victim of blackmail yourself, this doesn’t mean you shouldn’t pay attention, both as a potential victim for the future or so that you don’t inadvertently end up harming a loved one or organization by falling victim to a blackmail scheme.
First and foremost, if you receive a communication you feel is at all like blackmail—particularly if it involves a demand for money—you should immediately contact law enforcement. Federal and local authorities take these cases very seriously , even if they have not yet been carried out. If you have been the target of a blackmail scheme, the best way to help ensure you don’t fall victim to it is to not pay at all, and that includes any hopes that paying will protect you from getting the information disseminated elsewhere. This is not how blackmail schemes work. The best way to keep the information private is to make sure you report it and work with authorities. All too often, paying results in a second request for more money, revealing hidden facts that the blackmailers didn’t know about, or other equally damaging and embarrassing bits of information.