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 Jersey, blackmail is generally considered a form of extortion or criminal coercion and is addressed under the state's criminal statutes. New Jersey law defines criminal coercion in N.J.S.A. 2C:13-5, which includes threatening to expose any secret or to publicize an asserted fact, whether true or false, tending to subject a person to hatred, contempt, or ridicule, or to impair their credit or business repute. This can be done with the purpose of obtaining money, property, services, or to compel the person to do or refrain from doing an act against their will. The penalties for blackmail in New Jersey can vary depending on the circumstances, but it is typically prosecuted as a third-degree crime, which can result in a sentence of 3 to 5 years in prison. If the blackmail involves a threat to commit a crime, it can be charged as a second-degree crime, with harsher penalties of 5 to 10 years in prison. Additionally, under federal law, blackmail becomes a federal crime when it involves a threat to report someone for a violation of federal law, such as tax evasion, in exchange for money or something of value. The federal statute that covers this type of offense is 18 U.S.C. § 873.