Defending Against New York Blackmail Crimes
New York Blackmail is called extortion. Extortion is a crime that involves threats to obtain property from another person by instilling fear in another individual that you will expose a secret or engage in another harmful course of conduct against them. While frequently, the property is money, that is not always the case.
Similarly, if you compel someone to do something by making a threat (rather than to give you something of value), that crime is called coercion. While blackmail and coercion are two separate crimes, they share similarities and can both result in serious consequences. In this guide, we will focus specifically on New York blackmail crimes and how to defend against them.
New York Blackmail Charges Explained
The definition of extortion, the legal term for blackmail, is contained in New York Penal Law 155.05(2)(e). Simply put, extortion is compelling or inducing a person to deliver the property to himself or their person by instilling a fear that if the property is not delivered, the bad actor or a third person will:
- Cause physical injury to some person in the future;
- Cause damage to property;
- Engage in other conduct constituting a crime;
- Accuse some person of a crime or cause criminal charges to be instituted against him;
- Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule;
- Cause a strike, boycott, or other collective labor group action injurious to some person’s business, except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;
- Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;
- Use or abuse his position as a public servant by performing some act within or related to his official duties or by failing or refusing to perform an official duty in such manner as to affect some person adversely;
- Perform any other act that would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation, or personal relationships.
New York Extortion charges are codified in the New York Grand Larceny criminal statutes. That is because there is a special legal provision in those statutes relating to Grand Larceny by Extortion. Grand Larceny by Extortion charges are felony and can result in substantial jail time.
Four Degrees of Grand Larceny
Under New York Law, there are four degrees of Grand Larceny. They are:
- Grand Larceny in the First Degree,
- Grand Larceny in the Second Degree,
- Grand Larceny in the Third Degree, AND
- Grand Larceny in the First Degree.
The degree of the Grand Larceny that is charged depends on the value of the items obtained by extortion or blackmail.
New York Blackmail as Fourth Degree Grand Larceny
The lowest level of Grand Larceny is larceny in the fourth degree. This charge applies to blackmail or extortion, regardless of the value of the item. This charge is codified in New York Penal Law 155.30(6).
Penalties for Grand Larceny in the Fourth Degree
In New York State, theft by Extortion is always a class “E” non-violent felony with a potential sentence of up to four years in prison. This charge can also be resolved without any jail time – through a conditional discharge or even probation.
New York Blackmail as Third-Degree Grand Larceny
When the value of the items extorted exceeds $3,000, the blackmailer can be charged with New York Grand Larceny in the Third Degree. This charge is codified in New York Penal Law Section 155.35(1).
Penalties for Grand Larceny in the Third Degree
Under New York Law, Grand Larceny in the Third Degree is a class “D” non-violent felony. It is punishable by up to seven years in prison. This charge can also be resolved with a non-jail disposition, such as through a conditional discharge or probation.
New York Blackmail as Grand Larceny in the Second Degree
A person can be prosecuted for blackmail under the Grand Larceny in the Second Degree statute when the items are obtained by a threat to someone’s property, someone’s well-being, or by a public servant engaging in conduct relating to his public duties. This charge is codified in New York Penal Law Section 155.40(2).
Penalties for Grand Larceny in the Second Degree
This charge is punishable by a minimum of 1 to 3 years in prison and a maximum of 5 to 15 years incarceration for first-time offenders.
New York Blackmail as Grand Larceny in the First Degree
Extortion which results in a loss amount of $1,000,000 or more, will be charged as a Grand Larceny in the First Degree, which is the most serious of New York Grand Larceny charges. This charge is codified in New York Penal Law Section 155.42.
Penalties for Grand Larceny in the First Degree
Grand Larceny in the First Degree is a Class “B” non-violent felony. As such, it is punishable by a maximum of 8 1/3 to 25 years in prison.
The following table shows the penalties for each larceny degree in New York.
| Larceny Degree | Value of Property | Crime Class | Max Prison (1st Offense) |
| Grand Larceny in the Fourth Degree Penal Law Section 155.40 | More than $1,000 to $ 3,000 | Class E Felony | 1 1/3 to 4 years(jail is not mandatory) |
| Grand Larceny in the Third Degree Penal Law Section 155.35 | More than $3,000 to $ 50,000 | Class D Felony | 2 1/3 to 7 years(jail is not mandatory) |
| Grand Larceny in the Second Degree Penal Law Section 155.40 | More than $50,000 to $ 1,000,000 | Class C Felony | 5 to 15 years(jail is not mandatory) |
| Grand Larceny in the First Degree Penal Law Section 155.42 | More than $1,000,000 | Class B Felony | 8 1/3 to 25 years(jail is not mandatory) |
Is Blackmail Prosecuted Under New York State or Federal Law?
Blackmail is a crime under both New York State as well as federal law. Both New York State Prosecutors and U.S. Attorneys Offices prosecute blackmail cases either in state or federal courts. The difference between the two is that federal law imposes stiffer penalties, and federal U.S. Attorneys Offices have unlimited resources to investigate and prosecute blackmail cases. However, federal courts have limited jurisdiction and can only hear cases if a specific federal law is violated.
What are Possible Defenses for New York Blackmail Charges?
Each blackmail case requires a thorough assessment by a criminal defense attorney. Some common defenses in blackmail or extortion cases:
- No extortion-like threat was made: For a conviction, the prosecution must prove that you made an express threat to wrongfully accuse or expose someone of a crime (or some other type of impropriety). If there was no such threat, then you cannot be convicted.
- The alleged victim voluntarily provided the property: Under New York law, there can be no extortion if the property is given up voluntarily. So if you gave the alleged victim money as part of a friendship or romantic relationship and did not coerce them in any way, then it wasn’t “compelled” by your actions.
- No intent to obtain or attempt to obtain property by making the threat: For a conviction, the prosecution must prove that you made the threat with the specific intent to “induce” your victim to hand over property.
- No property obtained as a result of the threat: A key element of extortion under New York law is that the victim must actually give up property as a result of the threat. If you made a threat and nothing happened, then it’s not extortion.
If you are facing any type of blackmail or extortion charges in New York, it is crucial to seek the help of an experienced criminal lawyer. They can evaluate the evidence against you and craft a strong defense strategy to protect your rights and fight for the best possible outcome.
What are some Blackmail examples?
The most common examples of blackmail are:
- Threatening to reveal an extramarital affair unless payment is received;
- Demanding ransom for hacking and stealing a corporation’s files and consumer data;
- Withholding the issuance of permits as a government employee unless a bribe is paid.
Contact Top Rated New York Blackmail Defense Attorneys
If you or a loved one is under investigation or has been arrested for blackmail, you need top-rated New York criminal defense attorneys. Please call us at 646-956-2035 or contact us today to schedule your appointment.