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 North Dakota, blackmail is considered a criminal offense and is generally categorized under the broader term of 'extortion.' According to North Dakota Century Code (NDCC) Section 12.1-23-05, a person is guilty of extortion if they knowingly obtain or seek to obtain property or services by threatening to inflict injury to the person or property of the victim, or to any other individual, or by committing any other criminal act. The crime of extortion in North Dakota can be prosecuted as a Class C felony, which may result in imprisonment, fines, or both. The specific circumstances of the threat, such as the nature of the information being threatened to be revealed and the demands made, will influence the severity of the charges and penalties. Additionally, if the act of blackmail involves the threat to report or testify against someone regarding an alleged violation of federal law, it may also be prosecuted as a federal crime under federal statutes, which could lead to more severe penalties including longer prison terms and larger fines.