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 Washington State, blackmail is considered a serious criminal offense and is generally prosecuted under the statutes related to extortion. According to the Revised Code of Washington (RCW) 9A.56.120, a person is guilty of extortion in the second degree, which is a form of blackmail, when he or she intentionally obtains or attempts to obtain property or services by means of a threat. The threats can include exposing a secret or publicizing an asserted fact that may subject a person to hatred, contempt, or ridicule, or to damage their business or personal relationships. Extortion in the second degree is classified as a Class C felony in Washington, which can result in significant penalties including potential prison time and fines. 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 various federal statutes, including the Hobbs Act. The specific charges and penalties can vary based on the circumstances of the case and the value of the property or services demanded.