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 Colorado, blackmail is considered a form of extortion, which is a criminal offense under state law. Extortion occurs when someone unlawfully obtains money, property, or services from another by inducing fear through threats. These threats can include exposing a secret or publicizing an asserted fact, whether true or false, that may subject a person to hatred, contempt, or ridicule, or to impair their credit or business. Under Colorado Revised Statutes Section 18-3-207, extortion is classified as a class 4 felony, which can result in penalties including fines and imprisonment. The specific circumstances of the case, such as the amount of money demanded or the nature of the threats, can influence the severity of the charges and penalties. Additionally, if the act of blackmail involves federal law, such as threatening to report someone for a federal offense unless a demand is met, it can also be prosecuted as a federal crime. The federal government treats such offenses seriously, and they can lead to significant federal charges with severe consequences.