Florida Laws on Blackmail

Definition

Merriam-Webster defines blackmail as "extortion or coercion by threats especially of public exposure." The state of Florida groups blackmail with other threat crimes, such as extortion, defamation, libel and threatening letters. Chapter 836.05 of the Florida Statutes defines threat crimes. While this chapter does not specifically use the word "blackmail," it explains that a person who "maliciously threatens to expose another to disgrace, or to expose any secret affecting another ... with intent to extort money or any other pecuniary advantage whatsoever" is guilty of a threat crime.

Florida law does not make specific provisions for crimes committed online, except for in cases of hacking or virus-spreading. However, Chapter 836.05 states that threats, including blackmail, made "verbally or by a written or printed communication" are considered criminal. Blackmail threats sent through electronic means, such as email or social media, could be considered written, and thus punishable to the same extent as offline blackmail crimes.

As second-degree felons, those found guilty of blackmail face stiff penalties. According to Chapter 775.082, second-degree felons may face prison terms of up to 15 years. Besides prison time, blackmailers may face fines of up to $10,000. The law leaves other punishments, such as the revocation of professional or driver's licenses, restitution, public service and removal from public office, at the discretion of the court.

Florida considers blackmail a second-degree felony. Prosecution for a second-degree felony must commence within three years of the felony's occurrence, meaning time is of the essence to bring a blackmailer to justice. Victims must report the crime to authorities within the designated three years for prosecutors to pursue charges against the offender(s). The only exception to this time limit is if the accused resides outside the state of Florida, in which case the prosecution may take up to another three years to pursue charges.