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 Montana, blackmail is considered a criminal offense and is generally categorized under the broader crime of extortion. According to Montana Code Annotated (MCA) § 45-5-207, a person commits the offense of extortion when they purposely or knowingly obtain or exert unauthorized control over property of another by threatening to: (1) inflict bodily injury on anyone or commit any other criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt, or ridicule or to impair the person's credit or business repute; or (4) take or withhold action as a public servant or cause a public servant to take or withhold action. The penalties for extortion in Montana can range from a misdemeanor to a felony, depending on the circumstances of the crime, such as the value of the property involved and the severity of the threat. If the act of blackmail involves a federal crime, such as tax evasion, it can also be prosecuted under federal law, which may carry additional penalties.