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 Idaho, blackmail is considered a form of extortion and is addressed under the state's penal code. Specifically, Idaho Code § 18-2403 defines extortion as obtaining property, money, or any advantage or immunity by means of a threat to do harm, which can include threats to reveal damaging information about someone. The crime of extortion, which encompasses acts commonly referred to as blackmail, can be prosecuted as a felony in Idaho, potentially leading to imprisonment. The severity of the penalties depends on the circumstances of the case, including the amount of money or the value of the property involved. 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. This is covered under various federal statutes, including the Hobbs Act, which addresses extortion and robbery affecting interstate or foreign commerce.