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 Oregon, blackmail is considered a form of coercion and is addressed under ORS 163.275. It is illegal to compel or induce another person to engage in conduct from which the person has a legal right to abstain, or to abstain from conduct in which the person has a legal right to engage, by means of instilling in the person a fear that, if the demand is not met, the actor or another will: (1) report criminal conduct, (2) expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or (3) perform other acts which are calculated to harm substantially the person with respect to health, safety, business, calling, career, financial condition, reputation, or personal relationships. Blackmail in Oregon can be prosecuted as a Class C felony, which may result in imprisonment, fines, or both. Additionally, under federal law, blackmail involving the threat of informing on someone for a violation of federal law, coupled with a demand for something of value, is also a crime and can be prosecuted under federal statutes, potentially leading to severe penalties including imprisonment.