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 Utah, blackmail is considered a serious criminal offense and is generally categorized under the broader term of extortion. According to Utah Code § 76-6-406, the act of obtaining or exercising control over the property of another, with his consent, when the consent is coerced by threats, is defined as extortion. This includes threats to commit any criminal offense, to accuse someone of a crime, to expose a secret or an asserted fact that would subject a person to hatred, contempt, or ridicule, or to take or withhold action as an official, or cause an official to take or withhold action. The penalties for extortion in Utah 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 value of the property is significant or the threat is particularly egregious, the crime may be prosecuted as a felony, which can result in substantial prison time. For federal crimes of blackmail involving the threat to report or testify about federal law violations, the matter is handled under federal law, which also imposes severe penalties for such offenses.