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 Maryland, blackmail is considered a form of extortion, which is a criminal offense under state law. Maryland law defines extortion as the obtaining of something of value, such as money, property, or services, from another person with their consent, if the consent is induced by wrongful use of force, threat, or any other form of intimidation. This includes threats to expose secrets or damaging information about someone unless they meet the demands of the blackmailer. Depending on the circumstances, the crime of extortion can be prosecuted as either a misdemeanor or a felony, with penalties ranging from fines to imprisonment. The specific statutes addressing extortion and related offenses can be found in the Maryland Criminal Law Code. Additionally, if the blackmail involves the threat of reporting an alleged violation of federal law, it may also be prosecuted as a federal crime under the Hobbs Act or other relevant federal statutes.