Crimes Act 1961

Crimes against rights of property - Robbery and blackmail

237: Blackmail

You could also call this:

“Threatening to reveal information or cause harm to get someone to do what you want or to gain something”

You commit blackmail if you threaten someone to make them do what you want or to get something for yourself. This threat can be about accusing someone of something, telling secrets about them, damaging property, or putting someone in danger. It doesn’t matter if the person you’re threatening is alive or dead.

Even if you think you have the right to get what you’re asking for, it’s still blackmail. The only exception is if your threat is a fair and reasonable way to achieve your goal in that situation.

When we talk about blackmail, ‘benefit’ means any kind of advantage. This could be money, special treatment, property, a service, or anything else valuable. This definition of ‘benefit’ also applies to section 239 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330263.

Topics:
Crime and justice > Criminal law

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236: Assault with intent to rob, or

“Hurting or scaring someone to take their stuff is a serious crime that can lead to jail time.”


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238: Punishment of blackmail, or

“If you try to blackmail someone, you could go to jail for up to 14 years.”

Part 10 Crimes against rights of property
Robbery and blackmail

237Blackmail

  1. Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), or to cause serious damage to property or endanger the safety of any person with intent—

  2. to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
    1. to obtain any benefit or to cause loss to any other person.
      1. Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

      2. In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

      Compare
      Notes
      • Section 237: replaced, on , by section 15 of the Crimes Amendment Act 2003 (2003 No 39).