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 New Hampshire, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Specifically, under New Hampshire Revised Statutes Section 637:5, a person is guilty of extortion if they purposefully obtain or attempt to obtain property of another by threatening to: (1) commit any criminal offense; (2) accuse anyone of a crime; (3) expose any secret tending to subject any person to hatred, contempt, or ridicule; or (4) take or withhold action as an official, or cause an official to take or withhold action. The crime of extortion in New Hampshire can be prosecuted as a felony, which may result in significant prison time, or as a misdemeanor, depending on the circumstances and the value of the property involved. Additionally, if the act of blackmail involves the threat to report or testify about a violation of federal law, it may also be prosecuted as a federal crime under federal statutes.