BLACKMAIL

7 definitions found across Law Mind sources

See encyclopedia: Extortion and Blackmail →
BLACKMAILAuthored
The Law Mind • 1126 words
Definition
Blackmail is the act of demanding money, property, or other benefit from a person by threatening to expose damaging, embarrassing, or criminal information about them unless the demand is met. In modern law, blackmail is generally treated as a species of extortion — criminal coercion operating through the threat of reputational or legal harm rather than physical violence. In many common law jurisdictions, blackmail is defined by statute and requires: (1) a demand, (2) with menaces, (3) that is unwarranted, and (4) made with a view to gain or intent to cause loss. The demand need not succeed; the offense is complete at the moment of the unwarranted demand backed by menace. In American legal usage, "blackmail" is frequently used interchangeably with extortion, though some statutes treat them as distinct offenses — extortion covering threats of violence or official corruption, blackmail covering threats of exposure or accusation. Other jurisdictions fold both under a single extortion statute. ---
Common Language
Modern common usage (Wiktionary): The extortion of money or favors by threats of public accusation, critique, or exposure; also used loosely to refer to compromising material held over a person. Historical common usage (Webster's 1913): Payment of money exacted by means of intimidation; also, extortion of money from a person by threats of public accusation, exposure, or censure. Historically also denoted a rent paid in the north of England and south of Scotland to men allied with robbers or moss troopers, paid in exchange for protection from pillage. The common meaning and legal meaning are unusually close for this term, but researchers should note one gap: in ordinary speech, "blackmail" is often used loosely to describe any coercive social pressure ("that's emotional blackmail"), whereas the legal offense requires a specific demand for gain or benefit with a specific threat. Moral or social pressure alone does not constitute blackmail in law. ---
Common Confusion
Blackmail and extortion are the most commonly conflated terms in this area, and the confusion is compounded by statutes that use the terms interchangeably, distinctly, or not at all. At common law, extortion was a distinct offense committed by public officials abusing their office; blackmail was a private party's coercion through threatened exposure. Modern American statutes largely merged these into a single extortion framework. In England and Wales, the Theft Act 1968 uses "blackmail" as the governing statutory term. Researchers moving between jurisdictions or across historical periods should not assume that "extortion" in one source and "blackmail" in another refer to different conduct — or that they refer to the same conduct. ---
Why It Matters in Research
The principal research trap with blackmail is terminological instability across time and jurisdiction. Before the twentieth century, most American sources use "extortion" for conduct modern readers would call blackmail. Searching for "blackmail" in nineteenth-century American case law and treatises will return sparse results; the relevant doctrine lives under extortion, threatening letters, or criminal coercion headings. In English sources, the trajectory runs the other direction: "blackmail" became the operative statutory term with the Theft Act 1968, displacing older formulations under the Larceny Acts. Pre-1968 English sources will use different vocabulary and doctrinal frameworks. The historical rent-payment meaning of blackmail (see Historical Dictionary Support, below) is largely dead in legal practice but appears regularly in older title documents, manorial records, and commentary on border-region land tenure. Researchers working with sixteenth- and seventeenth-century English or Scottish property sources should not misread "black mail" or "blackmail" in those documents as referring to criminal coercion. The "unwarranted demand" element introduces a notable doctrinal complexity: demanding payment in exchange for not exposing genuinely criminal conduct may or may not constitute blackmail depending on jurisdiction and circumstance. This "blackmail paradox" — why is it unlawful to demand money for doing something (staying silent) that would otherwise be entirely lawful? — has generated substantial academic literature. Researchers tracing this debate should look for it under criminal law philosophy and the law of extortion as well as blackmail specifically. ---
Historical Dictionary Support
Bouvier's entry for blackmail leads with the archaic property meaning: rents paid in work, grain, or other non-monetary forms (reditus nigri, or "black rents"), distinguished from white rents (blanche firmes) paid in silver. Bouvier then identifies the second historical meaning: tribute paid to bands of marauders on the English-Scottish border for protection from pillage — the original extortionate sense of the term. Bouvier does not develop the modern criminal law doctrine at length, reflecting his era's tendency to treat the relevant offense under extortion rather than blackmail. Rapalje & Lawrence do not appear to offer a substantive blackmail entry in the provided excerpts; the passage returned relates to entirely different terms and appears to be a digitization artifact or indexing mismatch. Researchers should not treat Rapalje & Lawrence as a source for this term without independent verification. Webster's 1913 captures both the archaic tribute-payment sense and the modern criminal sense with accuracy, and its formulation — "extortion of money from a person by threats of public accusation, exposure, or censure" — maps cleanly onto what most modern statutes now codify. What the historical dictionaries collectively miss is the statutory evolution of the twentieth century, the merger of blackmail into general extortion frameworks in American law, and the doctrinal complexity introduced by the "unwarranted demand" requirement. The philosophical literature on the blackmail paradox — whether it is coherent to criminalize a demand coupled with a lawful threat — is entirely absent from these sources. ---
Jurisdictional Note
In England and Wales, blackmail is a statutory offense under the Theft Act 1968, defined by the "unwarranted demand with menaces" formulation. In the United States, no uniform federal blackmail offense exists; conduct is prosecuted under extortion statutes (including the Hobbs Act for interstate commerce cases), threatening communications statutes, or state-level extortion and coercion provisions. Canadian and Australian law similarly tend to fold the conduct under extortion or related headings rather than using "blackmail" as a statutory term. ---
Encyclopedia Cross-Reference
Extortion and Blackmail — The Law Mind Criminal Law Encyclopedia (criminal_73) ---
Related Terms
Extortion — parent concept in most American jurisdictions; often synonymous in modern usage Coercion — broader category; blackmail is a species of coercion Threatening communications — overlapping criminal offense; relevant when the threat itself is the charged conduct Menace — key element in English statutory blackmail formulation Duress — related doctrine in contract and criminal defense contexts Ransom — coercion for return of property or persons rather than suppression of information Bribery — sometimes confused when the demand involves a public official; analytically distinct Protection money — historical and organized-crime usage; functionally related to the border-tribute origin of the term
BLACKMAILmain
Bouvier's Law Dictionary • 1928
Rents reserved, pay- able in work, grain, and the like. Such rents were called black mail (reditus nigri) in distinction from white rents (blanche firmes), which were rents paid in silver. A yearly payment made for security and protection to those bands of marauders who infested the borders of England and Scotland about the middle of the sixteenth century and laid the inhabitants under contribution. Hume, Hist. Eng. vol. i. 473; vol. ii. App. No. 8; Cowel. In common parlance, the term is equiva- lent to, and synonymous with, extortion- the exaction of money, either for the per- formance of a duty, the prevention of an injury, or the exercise of an influence. It supposes the service to be unlawful, and the payment involuntary. Not unfrequently it is extorted by threats, or by operating upon the fears or the credulity, or by prom- ises to conceal, or offers to expose the weaknesses, the follies, or the crimes of the victim. 17 Abb. Pr. 226. Thareats by defendant to accuse another of crime, with intent, himself, to commit the crime of extortion, accompanied by success in obtaining money from that other. That such other person was endeavor- ing to induce defendant to receive money, for the purpose of accusing him of extortion, and so could not have been moved by fear, will not prevent his conviction for an at- tempt at extortion; 144 N. Y. 119; under an act declaring it a crime to threaten a person with a criminal prosecution, for the purpose of extorting money, it is im- material that the person making the threats believed that the person threatened had committed the crime: 75 Hun 26; where threate of prosecution for perjury were made maliciously and with intent to compel the one threatened to do an act against his will, the offence is complete; and it is immaterial whether the one threat- ened was guilty of perjury; 61 N. W. R (Mich.) 18. In a prosecution under an act providing for the punishment of one who, for the purposes of extortion, sends a letter expressing or implying, or adapted to im- ply, any threat, and the letter threatens to make a charge against the person to whom it is sent, the truth or falsity of the charge is immaterial; 95 Cal: 640; the act making it an offence to accuse one of crime "with intent to extort or gain any chattel, money, or valuable security, or any pecuniary ad- vantage whatsoever," does not cover the case of an owner who demands a reason- able compensation for property criminally destroyed, and accompanies his demand with a threat to accuse the defendant of the crime, and, where the owner of property so destroyed is indicted for extortion, it is error to charge that it is immaterial whether the accusation made by him was true or false; 47 Ohio St. 556. A charge of soliciting sexual intercourse with the wife of another is a charge of immoral conduct, which, if true, would tend to disgrace one and sub- ject him to the contempt of society, and threatening to make such charge is black mail; 24 N. E. R. (Ind.) 342. A conviction on indictment under Iowa Code § 3871, relating to the offence of making malicious threats with intent to extort money, cannot be sustained by evi- dence that defendant, a constable, had a search warrant for the premises of the complaining witnesses; that he notified them of the fact, and signified his willing- ness, for a bribe, to refrain from making search, that the witnesses accordingly gave him money, and that he assured them the matter would be dropped; 76 Ia. 189. On a trial for maliciously threatening to accuse another of burning a building, with intent to extort money, evidence of the truth of the charge is inadmissible on the question of malice or of intent, or to impeach the prosecuting witness; 18 N. E. R. (Mass.) 577.
BLACKMAILmain
Rapalje & Lawrence • 1888
(135) mittitur amplius fieri quam semel be accounted but one day. (Brit. 209; Dyer 17.) factum est: (9 Co. 53.)-Good faith does not -Jacob. In modern usage a twenty-ninth day suffer the same thing to be exacted twice, and in is added to the month of February once in four giving damages, it is not allowed to give more than is given at once. BISAILE.-See BESAILE. BISANTIUM, BESANTINE, or BEZANT.-An ancient coin, first issued at Constantinople; it was of two sorts-gold, uivalent to a ducat, valued at 9s. 6d., and silver, computed at 28. Both were current in England. - Wharton. - FRENCH: maille, a link of mail, or small piece of metal or money. 21. Old meaning. -Blackmail signifies in the north of England, in the counties of Cumberland, Northumberland, &c., a certain rent of money, corn, or other thing, anciently paid to persons inhabiting upon or near the borders, being men of name and power allied with certain robbers within the said counties, to be freed and protected from the devastations of those robbers. These robbers were called "moss-troopers," and several statutes have been made against them. The Stat. 9 Ed. III. c. 4 mentions "black money;" and "black rents" are the same with "blackmail," being rents formerly paid in provisions and flesh. -Jacob. 22. Modern meaning.--The modern in the leap-year, and the da next before, shall signification of blackmail, is extortion of
BLACKMAILn.
Websters Unabridged Dictionary (1913) • 1913
A certain rate of money, corn, cattle, or other thing, anciently paid, in the north of England and south of Scotland, to certain men who were allied to robbers, or moss troopers, to be by them protected from pillage. Sir W. Scott. Payment of money exacted by means of intimidation; also, extortion of money from a person by threats of public accusation, exposure, or censure. Black rent, or rent paid in corn, flesh, or the lowest coin, a opposed to "white rent", which paid in silver. To levy blackmail, to extort money by threats, as of injury to one's reputation.
BLACKMAILv.
Websters Unabridged Dictionary (1913) • 1913
To extort money from by exciting fears of injury other than bodily harm, as injury to reputation, distress of mind, etc.; as, to blackmail a merchant by threatening to expose an alleged fraud. [U. S.]
blackmailnoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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The extortion of money or favors by threats of public accusation, critique, or exposure. | Compromising material that can be used to extort someone. | Compromising material that can be used to extort someone. | A type of roleplay where the submissive shares information that may be exploited by the dominant. | A form of protection money (or corn, cattle, etc.) anciently paid, in the north of England and south of Scotland, to the allies of robbers in order to be spared from pillage. | Black rent; rent paid in corn, meat, or the lowest coin, as opposed to white rent, which was paid in silver.
blackmailverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To extort money or favors from (a person) by exciting fears of injury other than bodily harm, such as injury to reputation, distress of mind, false accusation, etc. | To speak ill of someone; to defame someone.

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