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 Massachusetts, blackmail is generally considered a form of extortion, which is a criminal offense under state law. Extortion is defined as the act of obtaining money, property, or services from an individual through the threat of harm or by leveraging some form of coercion. This can include threats to reveal damaging information about someone, which aligns with the common understanding of blackmail. Under Massachusetts General Laws Chapter 265, Section 25, a person who commits extortion by threatening to accuse someone of a crime or to expose a secret that would subject the person to hatred, contempt, or ridicule, or to harm the character of the said person, is guilty of a felony. The penalties for a conviction can include imprisonment in the state prison for up to 15 years, or by a fine and imprisonment in jail for up to 2.5 years. The specific circumstances of the case, such as the nature of the threats and the amount demanded, can influence the severity of the punishment. Additionally, if the act of blackmail involves federal law, such as threatening to report someone for a federal crime unless a demand is met, it can also be prosecuted as a federal crime under various federal statutes, including the Hobbs Act.