Blackmail is the threatening, coercive act of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them—with the threat often being to reveal the information to the victim’s friends, family, or business associates. Blackmail (sometimes referred to as the crime of coercion or extortion) is a criminal offense in most states—whether the information is true or false.
The definition and penalties for the crime of blackmail vary from state to state—in some states blackmail is part of the criminal offense of extortion, and in some states blackmail and extortion are separate criminal offenses. The crime of blackmail may be prosecuted as a felony in some states—with potential prison time—or as a misdemeanor eligible for probation. The criminal offense of blackmail, coercion, or extortion is usually located in a state’s penal or criminal code (statutes).
Blackmail is also a federal crime when the threat is to report or testify against someone regarding an alleged violation of federal law (tax evasion, for example), coupled with a demand for money or something else of value in return for the blackmailer not reporting or testifying regarding the alleged violation of federal law.
In Arkansas, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Arkansas law defines extortion as obtaining property, money, or any demanded advantage by threatening to cause physical harm, accuse someone of a crime, expose secrets, or take or withhold action as a public official, among other things. The crime of blackmail or extortion can be prosecuted as either a misdemeanor or a felony, depending on the severity of the threat and the value of the demanded benefit. Penalties for extortion in Arkansas can include fines, restitution, and imprisonment. When the act of blackmail involves the threat of reporting or testifying about a violation of federal law in exchange for something of value, it may also be prosecuted as a federal crime. It's important for individuals facing such charges or victims of blackmail to consult with an attorney to understand the specific legal implications and potential defenses.