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 Arizona, blackmail is considered a form of extortion, which is a criminal offense under Arizona Revised Statutes § 13-1804. Extortion occurs when someone knowingly obtains or seeks to obtain property or services by means of a threat to do unlawful harm to the person, property, or reputation of another, or to compel another person to participate in any conduct from which the person has a right to abstain. This can include threats to expose personal or damaging information about someone unless payment or another benefit is received. The crime of extortion, which encompasses acts commonly referred to as blackmail, can be prosecuted as a felony in Arizona, with penalties that may include imprisonment, fines, or both. The severity of the punishment typically depends on the circumstances of the case, including the value of the property or services demanded. Additionally, if the act of blackmail involves the threat to report someone for a violation of federal law unless a demand is met, it may also be prosecuted as a federal crime under federal statutes.