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 California, blackmail is generally considered under the umbrella of extortion, which is defined under California Penal Code Section 518. Extortion involves unlawfully obtaining property or other items of value from someone through coercion or threats. This can include threats to reveal damaging information about someone unless they provide money or another benefit. Extortion is a felony offense in California, and those convicted may face imprisonment and/or fines. The specific penalties can vary depending on the circumstances of the case, but felony convictions can lead to significant prison time. Additionally, under federal law, blackmail becomes a federal crime when it involves a threat to report someone for a violation of federal law, such as tax evasion, in exchange for money or something of value. The federal government prosecutes such offenses under various statutes, including the Hobbs Act, which prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce.