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 Nevada, blackmail is considered a form of extortion, which is a criminal offense under Nevada Revised Statutes (NRS) 205.320. The statute defines extortion as the act of obtaining money, property, or other valuable things from a person by the wrongful use of force, fear, or the power of office. The fear used in extortion can include a threat to expose a secret or publicize an asserted fact, whether true or false, tending to subject a person to hatred, contempt, or ridicule. Depending on the circumstances, the crime of extortion can be prosecuted as a category B felony in Nevada, which may result in a sentence of 1 to 10 years in Nevada State Prison and a fine of up to $10,000. Blackmail involving threats related to federal law violations, such as tax evasion, can also be prosecuted under federal law, particularly when it involves interstate communications or federal officials.