Blackmail involves the use of threats to obtain money or property from another. A blackmailer doesn’t use threats of physical harm; instead, they rely on fear of exposure or reputational harm to get paid.
What Is Blackmail?
A person commits blackmail by threatening exposure or accusation if the other doesn't meet their demand for money or other compensation.
- Exposure refers to revealing any secret or sensitive information that would cause reputational harm (personal or business) to another.
- Accusation involves accusing someone of a criminal offense. Some states also include accusations of civil immigration offenses.
A common example of blackmail is hush money—threatening to expose someone’s dirty secrets if they don’t pay up. It could be an extramarital affair, a business scandal, or any number of secrets or sensitive images or information (including sexually explicit images).
A person could also blackmail someone by threatening to accuse them of a crime (usually something scandalous, like child or sex abuse) or to expose their illegal worker status unless they meet some demand. It doesn’t matter whether the allegations are true or not.
Is Blackmail Illegal?
Yes, some form of blackmail is a crime in all states, although not all states call it blackmail. The act of blackmail may fall under the crimes of extortion, coercion, or even theft or bribery. Some states combine all these offenses under one offense (typically extortion or theft), while others separate them based on the type of threats or demand. Regardless of how a state categorizes or labels these offenses, their commonly understood definitions are similar and described below.
Blackmail vs. Extortion: Different Threats
The primary difference between traditional definitions of blackmail and extortion involves the type of threat. While blackmail involves threats of reputational harm, extortion refers to someone who unlawfully obtains money or something of value by threats of physical harm, property damage, kidnapping, or another crime. States that distinguish between the two crimes generally consider extortion a crime of violence and penalize it more severely.
Blackmail vs. Coercion: Different Demands
Coercion generally differs from blackmail and extortion in its type of demand. A person who coerces another doesn’t usually want money, they want the victim to take a certain action or refrain from it. For instance, a person may coerce another by threatening to harm them if they run for office, publish an article, or don’t go along with a business scheme.
Is It Blackmail If the Victim Doesn't Pay Up?
States vary on whether a blackmail conviction requires the defendant to collect on the threat. For instance, some states require the prosecution to establish that the blackmailer obtained the money, property, or something of value in response to the threats. Others provide the crime is complete upon making the threat. Still, other states make both crimes—the initial threat is attempted blackmail, while payment on the threat is blackmail.
What Are the Penalties for Blackmail?
The penalties for blackmail vary widely from misdemeanors to serious felonies. Misdemeanors typically result in jail time of up to a year, plus fines. Felonies carry the potential of state prison time a year or more. If the defendant received payment on the threats, the judge will likely order the defendant to pay restitution to the victim (compensation for their losses).
State Penalties for Blackmail
Some states have one penalty scheme that applies to any act of blackmail, extortion, and coercion. Others impose different penalties based on the specifics of the offenses. Below are the most common distinctions.
Value or amount. Some states impose penalties based on the amount of money or the value of the property or services demanded or received. The higher the demand or payment is, the higher the penalty will be. These states often place extortion and blackmail offenses under their theft or larceny crimes. Texas is an example.
Type of threat. Other states penalize blackmail and extortion based on the type of threat. For instance, New York makes it a class E felony to commit grand larceny (theft) by extortion when the defendant threatens reputational harm (blackmail). But theft by extortion involving threats of physical harm or property damage bumps up the crime to a class C felony (N.Y. Penal Law §§ 155.05, 155.30 (2022).)
Attempted blackmail. In some states, blackmail comes with stiffer penalties if the defendant's demands were met. In California, for instance, a person who obtains money by any means of force or threat of bodily or reputational harm commits extortion and faces up to four years in prison. Attempted extortion, however, is a misdemeanor. (Cal. Penal Code §§ 518-527 (2022).)
Federal Penalty for Blackmail
Federal law penalizes blackmail with up to one year in federal prison, a misdemeanor. (18 U.S.C. § 873 (2022).) Threats sent through the mail and other types of blackmail or extortion offenses carry much tougher penalties. For instance, extortion carries a maximum 20-year prison sentence. (18 U.S.C. § 1951 (2022).)
Talk to a Lawyer
If you face criminal charges for any offense, talk to a criminal defense attorney in your area. A lawyer can explain the charges, what a conviction would mean, and protect your rights.