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 Alabama, blackmail is considered a form of extortion, which is a criminal offense under state law. The Alabama Criminal Code defines extortion as obtaining property by wrongful use of actual or threatened force, violence, or by putting someone in fear of injury to themselves or another person. This can include threats to reveal damaging information about someone in order to obtain money or other benefits. The specific statutes addressing extortion are found in Section 13A-8-14 of the Alabama Criminal Code. Depending on the circumstances and the severity of the offense, extortion can be prosecuted as a felony, which may result in significant prison time, or as a misdemeanor, which could lead to probation or lesser penalties. Additionally, at the federal level, blackmail involving the threat to report someone for a violation of federal law in exchange for something of value is also a crime and is prosecuted under federal statutes, which can carry severe penalties including imprisonment.