Blackmail as a Victimless Crime

26 Pages Posted: 14 Jul 2011  

Walter E. Block

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business

Robert W. McGee

Fayetteville State University - Department of Accounting

Date Written: July 13, 2011

Abstract

The legal theory of blackmail is the veritable puzzle surrounded by a mystery wrapped in an enigma. Consider. Blackmail consists of two things, each indisputably legal on their own; yet, when combined in a single act, the result is considered a crime. What are the two things? First, there is either a threat or an offer. In the former case, it is, typically, to publicize on embarrassing secret; in the latter, it is to remain silent about this information. Second, there is a demand or a request for funds or other valuable considerations. When put together, there is a threat that, unless paid off, the secret will be told.

Either of these things, standing alone, is perfectly legal. To tell an embarrassing secret is to do no more than gossip. To ask for money is likewise a legitimate activity, as everyone from Bill Clinton to the beggar to the fundraiser for the local charity can attest. Yet when combined, the result is called blackmail and it is widely seen as a crime.

Suggested Citation

Block, Walter E. and McGee, Robert W., Blackmail as a Victimless Crime (July 13, 2011). Available at SSRN: https://ssrn.com/abstract=1885193 or http://dx.doi.org/10.2139/ssrn.1885193

Walter E. Block (Contact Author)

Loyola University New Orleans - Joseph A. Butt, S.J. College of Business ( email )

6363 St. Charles Avenue
Box 15, Miller 321
New Orleans, LA 70118
United States
(504) 864-7944 (Phone)
(504) 864-7970 (Fax)

Robert W. McGee

Fayetteville State University - Department of Accounting ( email )

Fayetteville, NC 28301
United States

HOME PAGE: http://robertwmcgee.com

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