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 Wisconsin, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Specifically, Wisconsin Statute § 943.30 deals with the crime of 'Threats to injure or accuse of crime,' which encompasses acts of blackmail. Under this statute, it is illegal to threaten to communicate to anyone information, whether true or false, which may injure the reputation of the victim, or to threaten to accuse them of a crime, with the intent to compel the person threatened to do an act against their will. The offense can be charged as a Class I felony, which may result in a fine, imprisonment, or both. The severity of the penalties depends on the circumstances of the case, including the nature of the threats and the amount demanded. Additionally, if the act of blackmail involves federal law, such as threatening to report someone for a federal offense unless they pay, it can also be prosecuted as a federal crime under federal statutes related to extortion and obstruction of justice.