# Explain Blackmail to Me

**URL:** <https://boards.straightdope.com/t/explain-blackmail-to-me/512370>\
**Category:** Factual Questions\
**Created:** [October 2, 2009, 5:24pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370 "2009-10-02T17:24:09Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\
**Post date:** [October 2, 2009, 5:24pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/1 "2009-10-02T17:24:09Z")

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OK, I know you are having an affair, I write about it on the internet, or tell a newspaper. No blackmail.

OK, I know you are having an affair, I don’t tell tell anyone. No blackmail.

I tell you I know you are having an affair. You offer me a sum of money, which I do not solicit. I accept it. Blackmail?

I tell you I know you are having an affair. I say I will publish unless you give me money? Blackmail for sure.

Is the soliciting the crime? Would it matter if the act I know about is legal or illegal? What if I went to the police instead of the press?

What are the elements of proof for blackmail?

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [October 2, 2009, 5:30pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/2 "2009-10-02T17:30:48Z")

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Yes, everything you’ve heard about blackmail is true.

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**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\
**Post date:** [October 2, 2009, 5:45pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/3 "2009-10-02T17:45:03Z")

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That doesn’t answer this question.

> [@](#):
>
> I tell you I know you are having an affair. You offer me a sum of money, which I do not solicit. I accept it. Blackmail?

I say that’s not blackmail. It’s hush money. I’m not sure whether to call it illegal unless you are a politician. If you’re just my neighbor and you offer me $1000 not to tell your wife I didn’t see that bimbo with you at a bar last week, what law is broken? We might both be sleazebags, but you’re not a blackmailer. You just paid me off.

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**Author:** ![pan1](https://avatars.discourse-cdn.com/v4/letter/p/e495f1/32.png) [@pan1](https://boards.straightdope.com/u/pan1)\
**Post date:** [October 2, 2009, 5:59pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/4 "2009-10-02T17:59:22Z")

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> [@Sigmagirl](#):
>
> I say that’s not blackmail. It’s hush money. I’m not sure whether to call it illegal unless you are a politician. If you’re just my neighbor and you offer me $1000 not to tell your wife I didn’t see that bimbo with you at a bar last week, what law is broken? We might both be sleazebags, but you’re not a blackmailer. You just paid me off.

The term you are looking for is “Bribe”

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**Author:** ![SmackFu](https://avatars.discourse-cdn.com/v4/letter/s/53a042/32.png) [@SmackFu](https://boards.straightdope.com/u/SmackFu)\
**Post date:** [October 2, 2009, 6:14pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/5 "2009-10-02T18:14:47Z")

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In CT, blackmail is covered under extortion, which is under larceny, and says:

> [@](#):
>
> A person obtains property by extortion when he compels or induces another person to deliver such property to himself or a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (E) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or (I) inflict any other harm which would not benefit the actor.

I’m not sure what the legal definition of “induce” is, but telling someone you know their secret seems like it might count.

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**Author:** ![CalMeacham](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/calmeacham/32/35_2.png) [@CalMeacham](https://boards.straightdope.com/u/CalMeacham)\
**Post date:** [October 2, 2009, 6:37pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/6 "2009-10-02T18:37:03Z")

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> [@](#):
>
> I’m not sure what the legal definition of “induce” is, but telling someone you know their secret seems like it might count.

So can you cover yourself by somehow letting it be known that you’re aware of their secret without explicitly saying so – by being seen watching your neighbors go into the motel or whatever? Is the difference between blackmail and not a matter of finesse?

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [October 2, 2009, 6:50pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/7 "2009-10-02T18:50:57Z")

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You might find these previous threads helpful:

[Are You Blackmailing Someone if You Don’t Ask Them for Money?](http://boards.straightdope.com/sdmb/showthread.php?t=342636)

[Is Blackmail generally Illegal?](http://boards.straightdope.com/sdmb/showthread.php?t=399719)

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [October 2, 2009, 6:52pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/8 "2009-10-02T18:52:44Z")

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> [@Paul\_in\_Qatar](#):
>
> OK, I know you are having an affair, I write about it on the internet, or tell a newspaper. No blackmail.

But there could conceivably be a suit for public disclosure of private facts–one of the privacy torts. This might make the whole situation seems a little less incongruous (namely, there’s a chance for recovery–a lesser chance, to be sure–if one wrongfully discloses, even if one did not try to expropriate anything of value out of the subject of the disclosure).

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**Author:** ![Bisected8](https://avatars.discourse-cdn.com/v4/letter/b/a4c791/32.png) [@Bisected8](https://boards.straightdope.com/u/Bisected8)\
**Post date:** [October 2, 2009, 6:54pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/9 "2009-10-02T18:54:40Z")

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If I recall correctly blackmail is a subtype of extortion. Extortion is trying to influence someone else’s behaviour by threatening to do something. Blackmail is when that “something” would otherwise be legal.

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<div class="post-metadata">

**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\
**Post date:** [October 2, 2009, 7:16pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/10 "2009-10-02T19:16:29Z")

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But publishing a fact is a legal act. Having Paulie Walnuts break your knees is an illegal act.

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<div class="post-metadata">

**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [October 2, 2009, 7:20pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/11 "2009-10-02T19:20:43Z")

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> [@Paul\_in\_Qatar](#):
>
> But publishing a fact is a legal act. Having Paulie Walnuts break your knees is an illegal act.

Well, “legal” in the sense that you won’t go to jail for it. But not “legal” in the sense that the you can’t be sued for it. It’s a tort, not a crime (although, there’s also the possibility that you could make out a case for harassment).

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<div class="post-metadata">

**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\
**Post date:** [October 2, 2009, 9:36pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/12 "2009-10-02T21:36:19Z")

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I see the blackmailer has been charged with grand larceny. I wonder why.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [October 3, 2009, 1:24am UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/13 "2009-10-03T01:24:18Z")

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You could always just watch this short British documentary: [http://www.youtube.com/watch?v=wZgwNutwK0Y](http://www.youtube.com/watch?v=wZgwNutwK0Y)

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 3, 2009, 2:38am UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/14 "2009-10-03T02:38:50Z")

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> [@Paul\_in\_Qatar](#):
>
> I see the blackmailer has been charged with grand larceny. I wonder why.

Is there a particular case in the news that you’re referring to?

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [October 3, 2009, 2:40am UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/15 "2009-10-03T02:40:06Z")

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> [@Northern\_Piper](#):
>
> Is there a particular case in the news that you’re referring to?

I’m guessing [this one](http://www.cnn.com/2009/SHOWBIZ/TV/10/02/letterman.past.incidents/index.html).

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**Author:** ![cedman](https://avatars.discourse-cdn.com/v4/letter/c/da6949/32.png) [@cedman](https://boards.straightdope.com/u/cedman)\
**Post date:** [October 4, 2009, 1:33pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/16 "2009-10-04T13:33:39Z")

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Is it blackmail if you have… say, the damaging photos and you confront the subject with them and demand money. He pays and then you publish them ANYWAY?

Bwahahahahaha!

I have this little fantasy of doing this to certain members of my POA Board of Directors. Self rightous, smug bastards.

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [October 4, 2009, 4:40pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/17 "2009-10-04T16:40:00Z")

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> [@cedman](#):
>
> Is it blackmail if you have… say, the damaging photos and you confront the subject with them and **demand money**.

You’re in trouble right there, no matter what else happens.

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<div class="post-metadata">

**Author:** ![SmackFu](https://avatars.discourse-cdn.com/v4/letter/s/53a042/32.png) [@SmackFu](https://boards.straightdope.com/u/SmackFu)\
**Post date:** [October 4, 2009, 6:44pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/18 "2009-10-04T18:44:35Z")

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> [@Paul\_in\_Qatar](#):
>
> I see the blackmailer has been charged with grand larceny. I wonder why.

Many states don’t even have blackmail or extortion as a crime. It’s just a qualifier for how you stole the money from them, so it’s larceny.

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**Author:** ![solarnator](https://avatars.discourse-cdn.com/v4/letter/s/74df32/32.png) [@solarnator](https://boards.straightdope.com/u/solarnator)\
**Post date:** [October 4, 2009, 7:32pm UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/19 "2009-10-04T19:32:20Z")

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Its blackmail if the other person doesn’t want to pay but would rather pay then someone find out that information.

If I walk up to a person and say “I saw you kill someone” and leave. They don’t want me to tell so they have a few choices to make. Paying me off would be blackmail, even if I asked for nothing. Blackmail doesn’t involve just money, it is any exchange of something for something else when both parties are not in whole hearted agreement.

You could say someone would like to pay you to be quite but in honesty, they would rather you didn’t say anything at all…for free!

There is no “gray area” here…unless your speaking legally.

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<div class="post-metadata">

**Author:** ![Bisected8](https://avatars.discourse-cdn.com/v4/letter/b/a4c791/32.png) [@Bisected8](https://boards.straightdope.com/u/Bisected8)\
**Post date:** [October 5, 2009, 8:16am UTC](https://boards.straightdope.com/t/explain-blackmail-to-me/512370/20 "2009-10-05T08:16:21Z")

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> [@Paul\_in\_Qatar](#):
>
> But publishing a fact is a legal act. Having Paulie Walnuts break your knees is an illegal act.

Therefore threatening to do either if you aren’t given money is extortion, and the former is specifically blackmail.

[Next page](https://boards.straightdope.com/t/explain-blackmail-to-me/512370.md?page=2)
