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 Hawaii, blackmail is considered a form of extortion, which is a criminal offense under Hawaii Revised Statutes Section 707-764. Extortion occurs when a person, with the intent to obtain property, services, or any other benefit, threatens to cause harm to the person, property, or reputation of another, or to commit a crime, or to expose a secret affecting the other person. The harm threatened does not need to be criminal in nature. The offense of extortion in Hawaii is typically charged as a Class C felony, which can result in up to five years of imprisonment, a fine, or both. Additionally, under federal law, blackmail involving the threat of informing or testifying about an alleged federal crime in exchange for money or something of value can also be prosecuted. This is covered under 18 U.S.C. § 873, and such federal charges can lead to significant penalties, including fines and imprisonment.