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 Florida, blackmail is generally considered under the umbrella of extortion, which is defined as the act of obtaining property from another, with his or her consent, induced by wrongful use of force, violence, or fear, or under color of official right. Florida Statute 836.05 specifically addresses 'Threats; extortion,' making it illegal to send or deliver any written or verbal communication with the intent to extort money or any pecuniary advantage, or to compel the person so threatened to do any act or refrain from doing any act against his or her will. The crime of extortion, which encompasses acts commonly referred to as blackmail, is a second-degree felony in Florida, punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. As for federal law, blackmail becomes a federal crime under certain circumstances, such as when it involves a threat to report someone for a violation of federal law unless a demand for money or something of value is met. This is covered under 18 U.S.C. § 873 'Blackmail' and can lead to fines and imprisonment. The specific penalties and charges can vary depending on the details of the crime, including the amount of money demanded and the means by which the threat is communicated.