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 York, blackmail is generally referred to as coercion or extortion and is considered a criminal offense under the state's penal code. The specific statutes that address these crimes are found in the New York Penal Law, particularly under sections 135.60 (Coercion in the Second Degree) and 155.05 (Extortion). Coercion involves compelling or inducing someone to engage in conduct they have a right to abstain from, or abstain from conduct they have a right to engage in, by means of instilling fear that, if the demand is not complied with, the actor or another will take action that would harm the victim in some way. Extortion involves obtaining property from another, with their consent, where the consent is induced by the wrongful use of force, fear, or under color of official right. The penalties for these offenses can range from misdemeanors to felonies, depending on the severity of the threat and the value of the property or benefit demanded. If the act of blackmail involves a federal crime, such as tax evasion, it may also be prosecuted as a federal offense under federal statutes, which can lead to more severe penalties including imprisonment.