Blackmail

Blackmail involves a threat to do something that would

cause a person to suffer embarrassment or financial
loss, unless that person meets certain demands. The
threat might include:

to reveal private information about a person that

is likely to cause them embarrassment;
to reveal sensitive information that is likely to
cause financial harm;
to accuse a person falsely of a crime; or
to report a person’s involvement in a crime.

In order to avoid the threatened action, a blackmail

victim must pay money to the blackmailer or perform
some other action. The action demanded by the
blackmailer may or may not be illegal itself. The growth
of the Internet has also led to overlap between
blackmail and cybercrime.

Many forms of blackmail are considered crimes under

state or federal law. Most states treat blackmail as a type
of extortion or coercion, which involves threats of
violence or other harm in order to compel a person to
do something. Blackmail is generally classified as a
felony, which could result in multi-year prison
sentences and large fines.

Extortion vs. Blackmail

Blackmail and extortion are related concepts in
criminal law. Extortion is generally considered a form
of theft, which involves the threat of physical harm or
destruction of property in order to obtain something of
value or compel a person to do something. In cases
involving government officials, extortion could also
involve misuse or abuse of authority, such as
threatening to arrest a person without cause as a means
of coercing them.

Where extortion is primarily a

crime based on force, blackmail Key Fact
is a crime based on
information. A blackmailer Blackmail is still a
typically has information that is crime even when
the threatened
damaging to the victim, and
information is false.
uses threats to reveal that
information in order to coerce
the victim. Blackmail is considered a crime regardless of
whether the information is true or false. The central
element of the crime is the blackmailer’s intent to
obtain money, property, or services from the victim
with threats of revealing the information.

State Blackmail Law

Laws regarding blackmail vary widely from one state to
another, but they all have similar definitions of the
offense. Some states treat blackmail as a distinct
criminal offense, while others treat it as a form of
extortion or coercion.

In Kansas, for example, blackmail is a crime against the

person, rather than a theft offense. State law defines the
offense as a threat to reveal embarrassing or damaging
information about a person in order to obtain
something of value or coerce someone to act against his
or her will. The information could be about the victim
or about another person.

In contrast, California includes blackmail in the

provisions relating to extortion. The elements
commonly associated with blackmail form part of the
offense of extortion, including threats to accuse a
person of a crime, expose a person to disgrace or
embarrassment, or expose a secret about a person.

The crime of coercion in New York is similar to

California’s extortion statute, and it includes the
common elements of blackmail. It is an offense to use
threats of criminal charges, accusation of a crime,
exposure of a secret that could lead to public ridicule or
contempt, testimony against a person, or refusal to
testify for a person; if the purpose of the threat is to
coerce a person into paying money, providing
something else of value, or engaging in conduct from
which they have a legal right to abstain.

Federal Blackmail Law

A threat to report, or testify against, a person for any
violation of federal law, along with a demand for money
or something else of value, is considered a federal
crime. A conviction could result in up to one year in
prison, a fine of up to $100,000, or a combination of the
two.

Cyber-Blackmail
New forms of blackmail have appeared as the Internet
has grown, and the law has not always adapted to new
technologies. “Webcam blackmail,” as it is informally
known, might involve someone who obtains intimate
photographs or videos of a person, sometimes by
request after developing a relationship with the person
online, and sometimes through theft. The person then
threatens to publish the pictures or videos on the
Internet if the person does not pay money, provide
additional photographs or videos, or provide something
else of value.

Cybercrime

Cyber-blackmail may also be known as cyber-extortion.

Cyber-blackmail and cyber-extortion fall under the larger
umbrella of cybercrimes.

Last reviewed October 2022

Criminal Law Contents

Criminal Law
Aggravating and Mitigating Factors in Criminal Sentencing
Bail and Bonds