One not need a JD from Harvard, or any legal degree at all, to recognize that Blackmail and Extortion, fundamentally the same thing, are crimes. Codified in the New York State Penal Law under Article 155, Extortion is a form or means by which a person commits Grand Larceny, a felony. By default, no matter the property type or amount secured by Blackmail in New York, Penal Law 155.30(6) makes any extorter or blackmailer guilty of a class “E” felony upon conviction. If the value of the property secured by the blackmailer is north of $3,000, $50,000 or $1 million, so is the extorter’s exposure to significant lengths of incarceration on greater felonies. Moreover, if violence is part of the extorter’s conduct, the offense level can also be increased.
Sometimes the crime of Extortion is easy to identify, investigate and prosecute. Other times the target is either hard to identify, find or legally pursue within the bounds of the law. Whether you, as a victim, go to Federal, New York State or local law enforcement, or you retain an Extortion lawyer to fend off a wrongdoer so he or she ceases and desists, is your decision. However, the question addressed in this blog entry is potentially a complicated one on its face, but one easily addressed by the law. If you reside in New York, but your blackmailer lives out of state, can her or she still be prosecuted by a District Attorney or can your New York Extortion attorney still attempt to stop your victimizer with a cease and desist letter or other legal means?