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 Rhode Island, blackmail is considered a form of extortion and is addressed under the state's extortion and blackmail statutes. According to Rhode Island General Laws Section 11-42-2, a person who verbally or by written communication threatens to accuse another of a crime or to expose any secret that would tend to subject any person to hatred, contempt, or ridicule, with the intent to extort money or any pecuniary advantage, or with the intent to compel the person so threatened to do any act against their will, is guilty of blackmail. The penalties for blackmail in Rhode Island can be severe, with the possibility of being charged with a felony, which may result in imprisonment, fines, or both. The specific classification of the felony and the range of potential penalties would depend on the circumstances of the case and the amount of money or the value of the benefit demanded. Additionally, if the act of blackmail involves federal law, such as threatening to report someone for a federal offense unless a demand is met, it can also be prosecuted as a federal crime under federal extortion and blackmail statutes.