In essence, extortion is a form of theft.īlackmail : blackmail occurs when one person sends communication to another seeking to extort or to acquire something of value from that person or to make that person do somethi ng against his or her will. Felony extortion is a result of the use of force or threats. Extortion is a misdemeanor when the mean s used to coerce the other person is connected with abuse by a public official, such as misuse of a person’s political or governmental office.
Nonlawyers can tend to use the terms “blackmail” and “extortion” interchangeably, but there are differences between them that make them distinct crimes.Įxtortion : extortion is defined as obtaining property (including a signature on a writing meant to transfer property or to create a note evidencing a debt) of someone else without the subject’s consent. Blackmail and extortion: how they are defined under Oklahoma law Two judges dissented from the three-judge majority opinion, claiming that in their view the email message di d rise to the level required to constitute a violation of law and that the majority interpretation of the law did not comport with the role of the court to construe the statute according to its plain and ordinary meaning. It’s reversal of the blackmail conviction also led to a reversal of the conviction under the Computer Crimes Act.
It went further to hold that the defendant had been prematurely prosecuted for blackmail because the email that he sent did not threaten to do any act prohibited by the blackmail and extortion statute and as such was, although obnoxious, still p rotected by the First Amendment. In its ruling the Court of Appeals held that the communication was not coercive because there was no evidence that the senator was being compelled to do anything against his will.
DIFFERENCE BETWEEN BLACKMAIL AND EXTORTION PRO
On appeal, the sender of the email argued that his communication to the senator was politically pro tected speech and therefore could not be used as the basis for a blackmail conviction. The senator turned the email over to police, which eventually led to the prosecution and conviction of the sender on counts of blackmail and violation of the state Computer Crimes Act. The original conviction arose out of an email communication sent by the alleged blackmail or to the senator, which claimed that if the senator did not choose a course of action on pending legislation then he would be subject to efforts to delve into his past, including that of his family and associates, presumably to look for embarrassing information. In the news recently has been the reversal by the Oklahoma Court of Criminal Appeals of a felony conviction of a man for attempting to blackmail a state senator.