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 Pennsylvania, blackmail is generally considered under the broader legal category of extortion, which is defined as the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. The specific statutes that address these actions can be found in the Pennsylvania Consolidated Statutes, Title 18 (Crimes and Offenses), Chapter 39, which deals with theft and related offenses. The severity of the crime and the penalties involved can vary depending on the circumstances, such as the amount of money demanded or the nature of the threat. Blackmail can be prosecuted as a misdemeanor or a felony, with potential consequences ranging from probation to significant prison time. Additionally, if the blackmail involves a threat to report or testify about a federal crime in exchange for something of value, it may also be prosecuted as a federal offense under federal extortion and blackmail laws.