The property extorted doesn’t have to be big, such as a house or a car. The threat also must be severe enough that it actually causes fear in the victim, a fear of violence, a fear of social stigma, a fear of deportation, or any other type of fear that is significant enough to cause the victim to hand over whatever the person wants. If an offender threatens to hurt another person specifically if there is no exchange of money or property, then both the threat and the intent are present.
#DIFFERENCE BETWEEN EXTORTION AND BLACKMAIL CODE#
Read Title 10 of the U.S Code Section 927 on Lawrina ⚖️ Structured Information For Lawyers 🔍 Easily Find the Codes You Need. In some states, simply making a threat is enough to be charged with extortion.ġ0 U.S. The threat can be made in writing, using nonverbal gestures, or even with verbal threats. In states like California, it is considered extortion if a person threatens to hurt another person unless that person relinquishes money or property or threatens to expose a secret, file a report with immigration, or file a complaint of inappropriate behavior. They might threaten the other person with injury or harm. Some type of threat must be made by the person who is extorting another. Under federal law, the crime of extortion usually refers to actions by government officials or public officials, but it can also apply to private citizens.Įxtortion starts with a threat. The punishment shall be imprisonment up to ten years if the subject of threat is to commit a felony or engage in matters against honour or morals.Extortion is a crime when one person tries to get money or property by threatening violence to another person, threatening to accuse another person of a crime, or threatening to reveal damaging or private information about the other person. Deportation may also be imposed if the crime is committed by a foreigner.Īrticle 16: Shall be punished by imprisonment for a period of two years at most and a fine, not less than two hundred fifty-thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or information technology means to extort or threaten another person to force him to engage in or prevent him from engaging in a certain act. The punishment can include imprisonment of up to two years and fines ranging from Dirhams 250,000 to 500,000. 5 of 2012 on ‘combating cybercrimes’ and its amendments, an act of extortion or blackmail constitutes a punishable offense under the said law, if such act is committed using a computer network or information technology means to extort or threaten another person (Article 16). When considering blackmail, pursuant to the provisions of the UAE penal code, Article 398 states that if the threat caused to a person concerns divulging or attributing any immoral act to them, then such crimes would be considered as an aggravating circumstance and thus a higher penalty will be imposed.
Pursuant to articles 397 and 398 of the UAE penal code, the crime of extortion is said to occur when a person uses force or threat to compel another person to deliver money or other valuables or to sign any document etc. 3 of 1987 promulgating the penal code and its amendments (‘UAE penal code’). UAE laws:Įxtortion under the UAE laws is governed pursuant to the provisions of the Federal Law No. The objective of such an act is to obtain from the victim, money or other favors by imposing such a threat.
The important factor considering blackmail is that the threat in itself does not need to be illegal or even true in order for it to be considered as blackmail. However, this crime does not include the factors of threat to the victim’s person or property and instead, the threat is of different nature, such as threatening to disclose embarrassing information about someone that may potentially damage their reputation or affect their personal relations. ‘Blackmail’ is also very similar to extortion. It involves the use of coercion of some form, either a physical force or a threat of some other type to the person or property, in order to obtain from the victim any money, property, other valuables or services. ‘Extortion’ can be defined as a ‘theft crime’. We will also discuss the definition of the said crimes under UAE law and the relevant legal provisions relating to them.
Often these crimes are easily confused together. In this article, we will examine the primary difference between the crimes of ‘extortion’ and ‘blackmail’. Al Rowaad Advocates & Legal Consultants | View firm profile
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