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 Maine, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Maine law defines extortion as obtaining or attempting to obtain property of another by threatening to commit any criminal offense, accuse someone of a crime, expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair their credit or business repute. This definition encompasses what is commonly referred to as blackmail. The crime of extortion, which includes acts of blackmail, can be prosecuted as a Class C or Class B crime in Maine, depending on the circumstances, with Class B being more serious and carrying a potential prison sentence of up to 10 years. The specific statutes governing extortion and related offenses can be found in the Maine Revised Statutes, Title 17-A: Maine Criminal Code, Chapter 15: Theft. Additionally, if the act of blackmail involves federal law violations, such as tax evasion, it may also be prosecuted as a federal crime under the relevant federal statutes.