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 Mississippi, blackmail is considered a form of extortion and is addressed under the state's extortion laws. According to Mississippi Code Section 97-3-82, it is unlawful for any person to verbally or by written or printed communication maliciously threaten to accuse another of a crime or offense, or to injure the person, property, or character of another, or to expose any secret affecting another, with the intent to extort money or any pecuniary advantage, or with the intent to compel the person so threatened to do any act or refrain from doing any act against their will. The crime of extortion, which encompasses acts of blackmail, is typically prosecuted as a felony in Mississippi, and those convicted may face substantial fines and imprisonment. The specific penalties can vary based on the circumstances of the case, including the amount of money demanded and whether any aggravating factors are present. Additionally, if the act of blackmail involves federal law, such as threatening to report someone for a federal offense unless a demand is met, it may also be prosecuted as a federal crime under federal statutes.