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 Virginia, blackmail is considered a form of extortion and is a criminal offense under state law. Extortion, as defined by Virginia Code § 18.2-59, involves unlawfully obtaining money, property, or pecuniary benefit from another person through the threat of injury to the person, property, or reputation, or by threatening to accuse them of a crime. This would encompass acts commonly referred to as blackmail, where someone demands payment or another benefit in exchange for not releasing damaging information. The crime of extortion in Virginia is a Class 5 felony, which can result in a term of imprisonment ranging from one to ten years, a fine of up to $2,500, or both. Additionally, federal law also criminalizes certain acts of blackmail, especially when they involve the threat of reporting someone for violations of federal law, such as tax evasion. These federal offenses are prosecuted under various statutes, including the Hobbs Act, and can lead to significant penalties, including imprisonment.