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 Iowa, blackmail is considered a form of extortion, which is a criminal offense under Iowa Code Section 711.4. Extortion occurs when someone (the extortionist) obtains money, property, or services from another (the victim) with the victim's consent, induced by the wrongful use of force or threats, or by the wrongful use of threatened accusation of any crime or offense, or by the wrongful threat to expose any secret tending to subject any person to hatred, contempt, or ridicule. Depending on the circumstances, the crime of extortion can be prosecuted as either an aggravated misdemeanor or a class 'D' felony in Iowa, which could result in fines and imprisonment. The severity of the punishment depends on factors such as the value of the property or services extorted and the nature of the threats used. If the act of blackmail involves federal law, such as threatening to report someone for a violation of federal law unless paid, it can also be prosecuted as a federal crime under various federal statutes, including the Hobbs Act.