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 West Virginia, blackmail is considered a serious criminal offense and is generally categorized under the broader term of extortion. According to West Virginia Code §61-2-13, a person is guilty of extortion if they unlawfully obtain property of another with the person's consent induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. This includes threats to expose damaging or embarrassing information about someone unless payment or another benefit is received. The penalties for extortion in West Virginia can vary depending on the circumstances of the case, but it is typically prosecuted as a felony, which can result in substantial fines and imprisonment. The specific classification of the felony and the associated penalties would depend on the amount involved and other factors. Additionally, if the act of blackmail involves the threat to report or testify against someone regarding an alleged violation of federal law, it could also be prosecuted as a federal crime under federal statutes related to extortion and obstruction of justice.