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 Illinois, blackmail is considered a form of intimidation and is addressed under the Illinois Criminal Code. Specifically, it is classified as a Class 3 felony under 720 ILCS 5/12-6, which defines intimidation as communicating, directly or indirectly, a threat to another person with the intent to cause them to perform or omit any act against their will. This includes threats to expose any information or accusation which would subject a person to hatred, contempt, or ridicule, or to damage their credit or business, which aligns with the common understanding of blackmail. The penalties for a Class 3 felony in Illinois can include imprisonment for 2 to 5 years, as well as fines. If the act of blackmail crosses state lines or involves federal law, such as threatening to report someone for a violation of federal law unless a demand is met, it may also be prosecuted as a federal crime under statutes like the Hobbs Act, which prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce.