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 Michigan, blackmail is considered a form of extortion and is covered under Michigan Penal Code Section 750.213. This statute defines the crime as making a malicious threat with the intent to compel a person to do or refrain from doing any act against their will. This includes threats to injure the person, their property, or reputation, or to expose any secret affecting them or their family. Blackmail, as a form of extortion, is a felony in Michigan and can result in imprisonment, fines, or both. The specific penalties can vary based on the circumstances of the case, but the crime generally carries a potential sentence of up to 20 years in prison, a fine of up to $10,000, or both. Additionally, if the blackmail involves a federal crime, such as tax evasion, it can also be prosecuted under federal law, which may carry separate penalties.