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 Kansas, blackmail is considered a serious criminal offense and is defined under Kansas Statutes Annotated (K.S.A.) 21-5428. Blackmail involves making a threat to reveal personal or damaging information about someone unless a demand, typically for money or another benefit, is met. This can include threats to expose secrets, criminal conduct, or other embarrassing information to friends, family, or the public. The crime of blackmail in Kansas is generally prosecuted as a severity level 7, nonperson felony, which can result in significant penalties including prison time. The exact penalties can vary based on the circumstances of the case and the criminal history of the defendant. Additionally, if the blackmail involves a threat to report or testify about a violation of federal law unless a demand is met, it may also be prosecuted as a federal crime under federal statutes. It's important for individuals facing such charges to consult with an attorney who can provide legal advice specific to their situation.