What's the Difference Between Blackmail and Extortion? | Wichita Criminal Defense Law Firm

WICHITA, Kan., March 24, 2025 /PRNewswire/ -- Have you ever wondered what the difference between extortion and blackmail is? While their similarities often cause people to use the terms interchangeably, Kansas law distinguishes them based on the nature of the threats and the contexts in which they occur. Our attorneys at the McConnell Law Firm, a leading Wichita criminal defense law firm, specialize in defending clients against criminal charges such as blackmail and extortion and are detailing the unique differences between the two. Keep reading to learn more!

What Is Blackmail?

In general, blackmail involves threats to disclose information that could damage an individual's reputation or subject them to public contempt. Kansas Statute 21-5428 defines blackmail as intentionally gaining or attempting to gain anything of value or compelling or attempting to compel another to act against such person's will by threatening to:

1. Communicate accusations or statements about any person that would subject them or another person to public ridicule, contempt, or degradation; or
2. Disseminate any videotape, photograph, film, or image that would subject them or another person to public ridicule, contempt, or degradation.

Let's See an Example: Threatening to expose a revealing photo or video of an individual unless they agree to pay a large sum of money.

What Is Extortion?

Dissimilarly to blackmail, extortion specifically targets individuals with a financial interest in a business and involves threats related to business operations, competition, pricing, or protection from harm. Kansas Statute 21-6501 defines extortion as intentionally and wrongfully demanding, soliciting, or receiving anything of value from the owner, proprietor or other person having a financial interest in a business by means of a threat or promise, express or implied, that the person so demanding, soliciting, or receiving such thing of value will:

1. Cause the competition of the person from whom the payment is demanded, solicited, or received to be diminished or eliminated;
2. Cause the price of goods or services purchased or sold in the business to be increased, decreased, or maintained at a stated level or
3. Protect the property used in the business or the person or family of the owner, proprietor, or other interested person from injury by violence or other unlawful means.

Let's See an Example: Demanding payment from a business owner under the threat of harming their business or family if they refuse to pay.

Understanding the Penalties

Both blackmail and extortion are considered serious crimes in Kansas and are classified as felonies (extortion is considered a level 7 nonperson felony, while blackmail may be considered a level 7 nonperson felony or level 4 person felony, depending on the circumstances). While the penalties can vary based on several factors, such as the specifics of the offense and the offender's criminal history, general penalties may include:

• Prison Time
• Probation
• Fines and Fees
• Restitution to the Victim
• House Arrest
• Community Service

"In addition to these legal penalties, a conviction for blackmail or extortion can have long-lasting collateral consequences," said Jonathan W. McConnell, founder of our Wichita criminal defense law firm. "Felony convictions can make it difficult to find employment or secure housing, and may even result in the loss of certain civil rights (to own firearms or vote), depending on the circumstances of the offense."

Have You Been Accused?

If you are facing violent crime charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita criminal defense law firm about the specifics of your case, it is always in your best interest to have a skilled violent crimes attorney by your side from the beginning.

Request a Free Consultation

Do you or a loved one need the assistance of one of our violent crimes attorneys in Wichita? We encourage you to contact the McConnell Law Firm at (316) 243-5903 for a free consultation.

jonathanwmcconnell.com 

SOURCE McConnell Law Firm