There is general blackmail, where a friend, a sibling, or a spouse will threaten to tell on you if you fail to do their bidding, and there is criminal blackmail. Criminal blackmail occurs when a person threatens to release personal and embarrassing information about another unless they pay them off in cash, property, or something of value.
Blackmail takes a huge toll on a person’s psychological well-being, and every victim hopes they can put it behind their back as soon as possible. Unfortunately, getting the police to investigate a blackmail case may not be as easy. A situation like this calls for the aid of criminal defense lawyer Omeed Berenjian of BK Law Group.
When Do The Police Get Involved?
Before local enforcement can act, they usually require definitive proof that a crime happened. For example, there must be proof that the blackmailer has something sensitive, incriminating, or that could be embarrassing and has demanded that the victim buy their silence or secrecy.
In most states, including Minnesota, the crime of extortion falls under the same category as theft. For a person’s actions to qualify as blackmail under Minnesota law, the following elements of the crime must exist.
Use of Threats
There must be proof that the defendant threatened the complainant with harm, injury, or exposed information that would embarrass or harm the victim’s reputation. The threat can be non-verbal, verbal, or written.
Creation of Fear
There must be enough reason to show that the threat was enough to cause fear to the victim. The fear can be based on anything from social stigma, depression, economic loss, privilege loss, etc.
Intent
Blackmail and extortion crimes are specific intent crimes. As such, the prosecution must show that the defendant intended to follow through with their threats.
Penalties for Blackmail in Minnesota
Blackmail is a felony and can be punishable by up to twenty years in state prison. However, the penalties can vary widely based on the circumstances of the case and the defendant’s ability to put up a strong defense.
A criminal record is the unintended consequence of a conviction. It can greatly impact the offender’s life, affecting their chances of employment, getting accommodation, and their right to bear arms. So, if you are facing charges, enlisting the services of a local criminal defense lawyer is a good idea.
What to Do If You Are a Victim of Blackmail
The last thing you want to do when dealing with a blackmailer is to give in to their demands. Doing their bidding can only hold them off for some time until they need more stuff from you and are back with more threats.
Once you establish a case of blackmail, start documenting everything from text messages, calls, dropped letters, emails, etc. Evidence of a blackmail case can help hasten investigations as the police often hold off investigations if there is no evidence to back your claims.
A blackmailer will not stop at the information they have about you. They will want to get as much of your information as possible, as it can help make their tasks more intimidating. So be proactive in ensuring you protect your information from unauthorized access. For example, implement strong privacy settings on your accounts and limit the information you share online.
As a victim, there is no requirement to hire a lawyer, but you may need a lawyer to fast-track investigations. If the impact of your experience is weighing too heavily on you, consider getting additional help such as mental health resources.
Conclusion
If you’re a victim of blackmail in Minnesota, it’s crucial to gather evidence and avoid giving in to the blackmailer’s demands. Documenting threats, whether through texts, calls, or emails, can significantly strengthen your case. Although hiring a lawyer is not mandatory, having one may help expedite the investigation. Protecting your personal information and seeking emotional support are also important steps to take in coping with the psychological toll of blackmail.
