Difference between extortion and blackmail?

[Khun Ying Pojaman]

It seems that extortion relates to threat of violence or damage to property, i.e. physical acts. On the other hand, blackmail relates to revealing information that will potentially damage or embarrass the victim, including incriminating evidence.

It's the last one that intrigues me. For example, if a friend I steals my ATM or VISA card and spends $10,000 using the stolen card. Now if I say : "Return me my card as well as $10,000 or else I will report you to police.."

Does that amount to blackmail ?

 

[Khun Ying Pojaman]

No legal expert or wannabes in this forum ?

I missed Ramseth, I must admit.

 

[jw5]

No legal expert or wannabes in this forum ?

I missed Ramseth, I must admit.

Definitely wannabe only, but can I still state my views? :o

Don't think extortion necessarily means violence or anything like that.
If I tell you "Give me 10K or I'll show your sex tape." I think that's considered both blackmail and extortion.
"Give me 10K or I'll kill you", that's just extortion.
"Hahaha, I'm going to show your sex tape, u will be the joke of the town", that's probably just blackmail.

Your example may be neither, since the guy actually spent the money illegally, at most just a threat, which will probably not be charged.

Miss Ramseth? Just look out for the cop.

 

[GoldenDragon]

It's the last one that intrigues me. For example, if a friend I steals my ATM or VISA card and spends $10,000 using the stolen card. Now if I say : "Return me my card as well as $10,000 or else I will report you to police.."
Does that amount to blackmail ?

Not blackmail in the example you gave. But 'victim' commits an offence of not reporting a crime when crime and identity of culprit is known. Culprit commits at least 2 offences in the case you illustrated. Stealing of card could be theft or theft in dwelling, depending on location it was stolen from, under section 379 or 380. When spending of 10k made, most likely cheating related offences or even forgery (credit card).

If 10k was spent and victim threatens culprit he would go to the police unless an amont of more than 10k was paid, I am sure that is also an offence though can't think of the appropriate section involved.

 

[Khun Ying Pojaman]

Not blackmail in the example you gave. But 'victim' commits an offence of not reporting a crime when crime and identity of culprit is known. Culprit commits at least 2 offences in the case you illustrated. Stealing of card could be theft or theft in dwelling, depending on location it was stolen from, under section 379 or 380. When spending of 10k made, most likely cheating related offences or even forgery (credit card).

If 10k was spent and victim threatens culprit he would go to the police unless an amont of more than 10k was paid, I am sure that is also an offence though can't think of the appropriate section involved.

Eh....don't mind hor....you ex police or ex lawyer ?

 

[KNNBCCB]

Eh....don't mind hor....you ex police or ex lawyer ?

my boss GD.. i think he is ex-convict.

 

[scroobal]

Extortion and blackmail are identical. In the local legislation and in courts, the legal term is extortion.the word blackmail does not appear in anything legal in Singapore.

If someone threatens to release naked photos of someone unless they were money, they will be charged in Singapore with extortion.

 

[scroobal]

No crime is committed. If however you demand $20k when the loss is only $10k, then you are looking at extortion (blackmail) and can be charged.

It's the last one that intrigues me. For example, if a friend I steals my ATM or VISA card and spends $10,000 using the stolen card. Now if I say : "Return me my card as well as $10,000 or else I will report you to police.."

Does that amount to blackmail ?

 

[scroobal]

Bro, most crimes are no longer reportable. Only serious crimes. CPC.

Not blackmail in the example you gave. But 'victim' commits an offence of not reporting a crime when crime and identity of culprit is known. Culprit commits at least 2 offences in the case you illustrated. Stealing of card could be theft or theft in dwelling, depending on location it was stolen from, under section 379 or 380. When spending of 10k made, most likely cheating related offences or even forgery (credit card).

If 10k was spent and victim threatens culprit he would go to the police unless an amont of more than 10k was paid, I am sure that is also an offence though can't think of the appropriate section involved.

 

[Khun Ying Pojaman]

This is informative:

"In England and Wales this offence is created by section 21(1) of the Theft Act 1968. Sections 21(1) and (2) of that Act provide:

(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:

(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.

(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand."

In my example, the demand for return of the card and payment of $10,000 is not unwarranted. So as long as one has reasonable grounds for making that demand, it will not be considered blackmail.

 

[Khun Ying Pojaman]

Another Wiki source:

"Blackmail may also be considered a form of extortion.[1] Although the two are generally synonymous, extortion is the taking of personal property by threat of future harm.[9] It is the use of threats to prevent another from engaging in a lawful occupation and writing libelous letters or letters that tend to provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt.[4] Some US states distinguish the offenses by requiring that blackmail be in writing."

 

[jw5]

Eh....don't mind hor....you ex police or ex lawyer ?

He's ex police lah. Then became nightclub owner. Now full time gambler and part time forummer. :o

 

[Khun Ying Pojaman]

He's ex police lah. Then became nightclub owner. Now full time gambler and part time forummer. :o

Police ? I believe they attended law lessons conducted by other police officers. I used to know a probational inspector who taught law at Police Academy. He was 'O' level qualified.

 

[scroobal]

In singapore law, they are both the same but the term "blackmail" is not used , only extortion. The press like to use blackmail.

Another Wiki source:

"Blackmail may also be considered a form of extortion.[1] Although the two are generally synonymous, extortion is the taking of personal property by

threat of future harm.[9] It is the use of threats to prevent another from engaging in a lawful occupation and writing libelous letters or letters that tend to provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt.[4] Some US states distinguish the offenses by requiring that blackmail be in writing."

 

[scroobal]

You cannot be an Inspector unless you have a degree unless you rose thru the ranks and have acquired considerable experience. A probationary Inspector cannot conduct any classes including teaching the alphabet.

Police ? I believe they attended law lessons conducted by other police officers. I used to know a probational inspector who taught law at Police Academy. He was 'O' level qualified.

 

[Khun Ying Pojaman]

You cannot be an Inspector unless you have a degree unless you rose thru the ranks and have acquired considerable experience. A probationary Inspector cannot conduct any classes including teaching the alphabet.

I stand corrected. He was an Acting Inspector. Yes, he rose through the ranks.

 

[uncleyap]

It seems that extortion relates to threat of violence or damage to property, i.e. physical acts. On the other hand, blackmail relates to revealing information that will potentially damage or embarrass the victim, including incriminating evidence.

It's the last one that intrigues me. For example, if a friend I steals my ATM or VISA card and spends $10,000 using the stolen card. Now if I say : "Return me my card as well as $10,000 or else I will report you to police.."

Does that amount to blackmail ?

Extortion abuses advantage of strength / authority / power DIRECTLY CONTROLLED by extorter. E.g. LEEgime made you pay them World's Highest Salaries, ERP, GST, ....endless counts.

Blackmailer don't usually Directly have their means, but found some info or relation to handle or manipulate. E.g. you had adultery sex DVD on LEEgime Minister, which you sold to them for $X-amount or post it on youtube.com

Blackmailer usually have to hide to protect themselves, Extorter usually don't need to take-cover.