When does an offer become criminal blackmail?
<p>Suppose Person <em>A</em> has a photograph of another Person <em>B</em> violating a law.</p>

<p>If <em>A</em> demands money from <em>B</em> in exchange for not revealing the photo, then <em>A</em> is guilty of blackmail.</p>

<p>But what if <em>A</em> offers to destroy the photo in exchange for <em>B</em> providing something of value to <em>A</em>?  Does a positive formulation like that still constitute blackmail?</p>

<p>Examples could be:</p>

<ol>
<li>"The photograph is hidden in a public place. There's no telling how long it will be before someone stumbles upon it. If you do what I say, I'll go retrieve it and destroy it personally."</li>
<li>"I don't have to help you keep it a secret, but if you pay me, then I will."</li>
</ol>

<p>Both actions constitute <a href="https://en.m.wikipedia.org/wiki/Blackmail" rel="nofollow noreferrer">blackmail</a>.</p>

united-states criminal-law blackmail