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 Wyoming, blackmail is considered a serious criminal offense and is generally categorized under the broader crime of extortion. According to Wyoming statutes, specifically Wyo. Stat. § 6-2-402, a person is guilty of blackmail if they make an unwarranted demand with intent to obtain property, services, or any advantage or immunity by threatening to: (1) cause physical harm to the person threatened or to another, (2) cause damage to property, (3) subject the person threatened or another to physical confinement or restraint, (4) engage in other conduct constituting a crime, (5) accuse anyone of a crime or bring criminal charges against anyone, (6) expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule, or to impair the credit or business of any person, (7) take or withhold action as a public servant, or cause a public servant to take or withhold action. The penalties for blackmail in Wyoming can range from a misdemeanor to a felony, depending on the severity of the threat and the value of the property or advantage sought. The crime can result in significant fines and imprisonment. Additionally, under federal law, blackmail becomes a federal crime when it involves a threat to report or testify against someone regarding an alleged violation of federal law, coupled with a demand for money or something of value in return for not following through on the threat.