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 Nebraska, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Specifically, Nebraska Revised Statute 28-513 defines extortion as obtaining money, property, or any advantage or immunity by threatening to inflict harm upon the person or property of the victim, or by committing any criminal offense. While the term 'blackmail' is not explicitly used in the statute, the actions described as blackmail would fall under this definition of extortion. The crime of extortion in Nebraska is typically prosecuted as a felony, which can result in imprisonment and/or fines, depending on the severity of the offense and the value of the advantage sought by the extortionist. Additionally, under federal law, blackmail involving the threat of reporting or testifying about a violation of federal law in exchange for something of value is also a crime and can be prosecuted by federal authorities.