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 Louisiana (LA), blackmail is considered a form of extortion, which is a criminal offense under both state and federal law. According to Louisiana statutes, specifically the Louisiana Revised Statutes (LRS), extortion is defined as the communication of threats to a person with the intention to obtain anything of value or any acquittance, advantage, or immunity of any description. This can include threats to harm the reputation of the victim or to expose any secret affecting the victim or their family. The crime of extortion in Louisiana is typically prosecuted as a felony, which can result in imprisonment, fines, or both. The severity of the penalties often depends on the circumstances of the case, including the amount of money or the value of the benefit demanded. If the act of blackmail involves the threat to report or testify against someone regarding an alleged violation of federal law, it can also be prosecuted as a federal crime, which may carry additional penalties. It is important for individuals facing such charges or victims of such crimes to consult with an attorney to understand the specific implications and legal options available to them.