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 Georgia, blackmail is considered a form of extortion, which is a criminal offense under Georgia law. Extortion occurs when an individual unlawfully obtains property, money, or services from another by threatening to inflict harm, accuse someone of a crime, expose a secret, or take or withhold action as a public official. The crime is codified under the Official Code of Georgia Annotated (O.C.G.A.) § 16-8-16, which defines the offense and outlines the penalties. Extortion in Georgia is typically prosecuted as a felony, which can result in imprisonment, fines, or both. The specific penalties depend on the circumstances of the case, including the value of the property or money extorted. Additionally, if the act of blackmail involves the threat to report or testify against someone regarding an alleged violation of federal law, it may also be prosecuted as a federal crime under applicable federal statutes.