(The author included this offence in a chapter titled "blackmail and related offences"). 2011. p. 950. “Blackmail” does not derive, as one might conjecture, from “letters of evil intent.” Instead, the word originates from the 16th century “black-maill,” where “maill” had nothing to do with letters, but instead meant “rent” or “tax.” [7], In many jurisdictions, blackmail is a statutory offense, often criminal, carrying punitive sanctions for convicted perpetrators. Broadly, a demand with menace is. [54], The French Penal Code considers the offense of blackmail (chantage) with a fine of up to 75 000 euros or imprisonment for 5 years in Article 312-10. [...] What he has to justify is not the threat, but the demand of money.The gravamen of the charge is the demand without reasonable or probable cause: and I cannot think that the mere fact that the threat is to do something that a person is entitled to do either causes the threat not to be a "menace" [...] or in itself provides a reasonable or probable cause for the demand. If a farmer chose to pay in silver coins, then it was called ‘white mail’. No. However, as stated above, a criminal demand or menace can never believed to be "warranted", and actual knowledge of the victim and their state of mind or expected response may change a warranted matter into an unwarranted one. In the German Criminal Code, the offense of blackmail (Erpressung) is set to be punishable by a fine or imprisonment for up to five years. The law does not require a demand or menace to be received by the victim, merely that they are made, therefore it is irrelevant whether the victim was affected or not, or even unaware of them (perhaps because they had not yet been received, read or listened to). The common law offence of extortion is similar. In Scottish English this word used to mean ‘tax’ or ‘rent’. was passed that criminalised "demanding money or other valuable thing" (1823) where no reasonableness or menace was required, and in 1927 this was updated in a further Act[which?] Thirteenth Edition. Smith and Hogan's Criminal Law. Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It should be remembered that the offence requires either an unwarranted menace, or an unwarranted demand, or both; not all menaces nor all demands are "unwarranted", and the belief of the perpetrator is the determining factor. Money obtained in the former cases under the influence of such threats may amount to robbery, but not so in cases of threats of other kinds". In the 16th century, when blackmail first began being used, the mail in question was used chiefly in Scotland, and had the meaning of “payment” or “rent” (this word is thought to have come to Old English from the Old Norse word māl, meaning “speech, agreement”).
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