Black Mail - Definition - Law Dictionary Home Dictionary Definition black-mail

Definition :

Black mail [fr. maille, Fr., a small piece of money], a certain rent of money, coin, or other thing, anciently paid to persons upon or near the borders, who were men of influence and allied with robbers and brigands, for protection from the devastations of the latter. It was in fact a species of insurance. This was rendered illegal by 43 Eliz. C. 13. The same practice prevailed in Scotland, where it was also illegal. Also rent paid in cattle, otherwise called neat-gild; and all rents not paid in silver are called reditus nigri (black mail or rents), by way of distinction from reditus albi (blanch-firmes, or white-rents).

But the term is used in modern times to signify extortion of money by threatening letters or threats to accuse of crime--an offence punishable, if the crime is punishable, by death or penal servitude for not less than seven years, or be an attempt at rape, or be an 'infamous crime,' i.e., sodomy, etc., by penal servitude for life, and in the case of a male under sixteen, by whipping. (English) Larceny Act, 1916, s. 29.

A threatening demand without jurisdiction; Black's Law Dictionary, 7th Edn.

It is immaterial to this offence whether the party threatened be innocent or guilty, R. v. Gardner, (1824) 1 C&P 479. See THREATS.