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 New Mexico, blackmail is considered a form of extortion, which is a criminal offense under state law. Extortion involves the act of obtaining money, property, or services from an individual through the use of force, intimidation, or threats, including threats to reveal damaging or embarrassing information. New Mexico statutes classify extortion as a third-degree felony if the value of the money or property demanded or received exceeds $2,500, and as a fourth-degree felony if the value is less than $2,500. Penalties for a third-degree felony can include imprisonment for up to three years, while a fourth-degree felony can result in up to 18 months of imprisonment. Additionally, under federal law, blackmail becomes a federal crime when it involves the threat of reporting someone for a violation of federal law, such as tax evasion, in exchange for money or something of value. The federal government may prosecute such cases, which can lead to severe penalties including fines and imprisonment.