Blackmail, commonly known as extortion, is a crime under federal law and every state law. According to Eisner Gorin LLP, blackmail and extortion is the “illegal conduct of demanding money from someone to not report something, such as potentially embarrassing information about the person, or even criminal behavior.”
Blackmail under federal law is found at 18 USC § 873. It describes blackmail as “whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or valuable thing…”
In most states, blackmail falls under the laws of extortion or theft by coercion.
For example, the extortionist would threaten to (1) expose the victim’s embarrassing or wrongful conduct, (2) commit an act of violence in the future, or (3) damage the victim’s good name or reputation.
These threats however will not be done if the victim does what the defendant wants. Usually, the extortionists will demand money.
Other common forms of blackmail are as follows:
Blackmail is a federal misdemeanor charge, which means that the maximum possible penalty upon conviction is up to one year in a federal prison or a fine as ordered by the court, or both.
Each state has its own blackmail law. Some states treat blackmail as a distinct criminal offense, while others treat it as a form of extortion or coercion. But generally, for most states, blackmail falls under a general extortion statute.
Under some states’ criminal law, there is a specific blackmail statute. Two particularly important differences between states are (1) whether the blackmail has to be successful, with the victim complying with the defendant’s threats, and (2) whether the defendant has to actually receive property through the act of blackmail.
Blackmail is a federal misdemeanor charge, which means that the maximum possible penalty upon conviction is up to one year in a federal prison or a fine as ordered by the court, or both.
Different states penalize blackmail differently.
In California, for example, blackmail is a form of extortion by force or fear. This type of extortion is a felony offense that carries up to four years in prison and/or $10,000 in fines.
In Colorado, blackmail falls under the state’s criminal extortion law. Convictions for blackmail carry between two and six years in prison.
In Kansas, blackmail is a crime against the person, rather than a theft offense. The penalty for blackmail is up to one year in prison with substantial fines.
Lastly, threatening to expose factually correct information is still a form of blackmail. The reason is simple: if this was allowed to be a defense, then anyone with a blemish in their past could be subjected to blackmail in order to obtain personal property.
Sources:
Eldridge and Blakney, PC. “What Is Legally Considered Blackmail?” December 10, 2023. https://www.eblaw.us/blog/2021/december/what-is-legally-considered-blackmail-/.
Eisner Gorin LLP. “Blackmail andExtortion Law.” Accessed December 10, 2023. https://www.keglawyers.com/federal-blackmail-and-extortion-law.
Shouse California Law Group. “Is Blackmail a Crime? A Defense Lawyer Explains.” Accessed December 10, 2023. https://www.shouselaw.com/ca/blog/is-blackmail-a-crime/.
