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 Indiana, blackmail is considered a form of intimidation, which is a criminal offense under Indiana Code § 35-45-2-1. Intimidation includes communicating a threat with the intent to obtain a benefit, which aligns with the general concept of blackmail. The severity of the charge can range from a misdemeanor to a felony, depending on factors such as the nature of the threat, the victim's status, and whether a weapon was used. For example, if the threat is to commit a forcible felony, the charge is elevated to a Level 6 felony, which can result in a longer prison sentence and higher fines. Additionally, if the threat is made against a judge, a law enforcement officer, or as a retaliation for a court proceeding, the offense may be treated more severely. Federal law also criminalizes acts of blackmail, especially when they involve threats to report someone for violations of federal law, under 18 U.S.C. § 873. This can lead to federal charges, which carry their own set of penalties, including potential imprisonment and fines.