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 North Carolina, blackmail is considered a form of extortion and is covered under the state's extortion laws. Extortion is defined as the obtaining of property, money, or any other thing of value through the threat of damage to a person's property or reputation, or through the threat of violence or accusation of a crime. This crime is classified under North Carolina General Statutes § 14-118.4, which makes it illegal to threaten injury to the person or property of the victim or their family members with the intent to obtain money or any other thing of value. The offense of extortion in North Carolina is typically prosecuted as a felony, which can result in significant penalties including imprisonment, fines, or both. Additionally, if the act of blackmail involves crossing state lines or threatening to report a federal crime, it may also be subject to federal prosecution under federal extortion and blackmail statutes, which can lead to even more severe consequences.