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Blackmail involves a threat to do something that would cause a person to suffer embarrassment or financial loss, unless that person meets certain demands. The threat might include:

In order to avoid the threatened action, a blackmail victim must pay money to the blackmailer or perform some other action. The action demanded by the blackmailer may or may not be illegal itself. The growth of the Internet has also led to overlap between blackmail and cybercrime .

Many forms of blackmail are considered crimes under state or federal law. Most states treat blackmail as a type of extortion or coercion, which involves threats of violence or other harm in order to compel a person to do something. Blackmail is generally classified as a felony, which could result in multi-year prison sentences and large fines.

Blackmail and extortion are related concepts in criminal law . Extortion is generally considered a form of theft, which involves the threat of physical harm or destruction of property in order to obtain something of value or compel a person to do something. In cases involving government officials, extortion could also involve misuse or abuse of authority, such as threatening to arrest a person without cause as a means of coercing them.

Blackmail is still a crime even when the threatened information is false.

Where extortion is primarily a crime based on force, blackmail is a crime based on information. A blackmailer typically has information that is damaging to the victim, and uses threats to reveal that information in order to coerce the victim. Blackmail is considered a crime regardless of whether the information is true or false. The central element of the crime is the blackmailer’s intent to obtain money, property, or services from the victim with threats of revealing the information.

Laws regarding blackmail vary widely from one state to another, but they all have similar definitions of the offense. Some states treat blackmail as a distinct criminal offense, while others treat it as a form of extortion or coercion.

In Kansas, for example, blackmail is a crime against the person, rather than a theft offense. State law defines the offense as a threat to reveal embarrassing or damaging information about a person in order to obtain something of value or coerce someone to act against his or her will. The information could be about the victim or about another person.

In contrast, California includes blackmail in the provisions relating to extortion . The elements commonly associated with blackmail form part of the offense of extortion, including threats to accuse a person of a crime, expose a person to disgrace or embarrassment, or expose a secret about a person.

The crime of coercion in New York is similar to California’s extortion statute, and it includes the common elements of blackmail. It is an offense to use threats of criminal charges, accusation of a crime, exposure of a secret that could lead to public ridicule or contempt, testimony against a person, or refusal to testify for a person; if the purpose of the threat is to coerce a person into paying money, providing something else of value, or engaging in conduct from which they have a legal right to abstain.

A threat to report, or testify against, a person for any violation of federal law, along with a demand for money or something else of value, is considered a federal crime . A conviction could result in up to one year in prison, a fine of up to $100,000, or a combination of the two.

New forms of blackmail have appeared as the Internet has grown, and the law has not always adapted to new technologies. “Webcam blackmail,” as it is informally known, might involve someone who obtains intimate photographs or videos of a person, sometimes by request after developing a relationship with the person online, and sometimes through theft. The person then threatens to publish the pictures or videos on the Internet if the person does not pay money, provide additional photographs or videos, or provide something else of value.

Cyber-blackmail may also be known as cyber- extortion . Cyber-blackmail and cyber-extortion fall under the larger umbrella of cybercrimes .

Criminal Law Contents

The term blackmail describes the act of threatening to make someone suffer in some way unless they meet certain demands. Generally, it involves the threat of revealing embarrassing or damaging information about a person in order to coerce them to do something. Classified as a criminal offense, it a form of extortion . To explore the concept, consider the following blackmail definition.
The word blackmail originated in the 16th century in the border regions of England and Scotland. During this period, settlers paid chieftains for protection from Scottish thieves and marauders. In modern law, it is the crime of demanding something from another person in return for not revealing compromising information. The blackmailer may threaten to:
An example of blackmail involved one of the earliest political scandals in the United States. In 1791, Treasury Secretary Alexander Hamilton, a married man, became involved with a married woman. The woman’s husband learned of the affair and ordered Hamilton to pay him to keep quiet about the affair. Later, when authorities caught the husband in a plot to defraud the government, he claimed that Hamilton was involved. Hamilton admitted to the affair but denied the corruption accusations.
Both state and federal laws consider blackmail to be a crime, though these laws vary by jurisdiction . Some states classify it as a distinct criminal offense, but the majority classify it as theft when it demands money. Relevant laws and the value of the property stolen also determine whether it is a misdemeanor or felony . The punishment also varies based on the severity, but can include fines and/or imprisonment .
Blackmail becomes a federal crime when someone attempts to gain money or something of value by:
In some examples of blackmail, the crime may fall on the state level, but incorporate other charges such as federal extortion. When this occurs, the defendant is subject to stiffer penalties.
While some people use the terms interchangeably, there is a difference between blackmail and extortion. Whereas blackmail is a crime based on information, extortion is a crime based on force. Extortion, a type of theft, involves the threat of physical harm or destruction in order to obtain something of value. It can also entail a government official misusing authority to coerce a person. An example of extortion is a police officer threatening to arrest someone if they refuse to pay them.
With blackmail, a person threatens to reveal personal information instead of using threats of harm or destruction. Though there is a difference between blackmail and extortion, the law considers both criminal acts.
You might wonder what to do if someone is blackmailing you. The first thing to know is not to resort to making threats of your own or becoming physically violent. It is also important not to comply as this can lead to more demands. First, evaluate the situation to decide if the blackmailer poses a real threat. Talk to someone you trust so they can add perspective to the situation.
If, after assessing the situation you feel that the perpetrator can cause you irreparable harm, contact the authorities. Follow the directions of law enforcement, even if they make you uncomfortable. This may include dealing with another round of demands to gather more evidence . Police can handle the situation if someone is blackmailing you and can prevent the offender from doing it again.
Advancements in technology have brought about new crimes, including what is informally known as cyber blackmail or webcam blackmail. This may involve someone threatening to publish intimate videos or photos of an individual unless they meet their demands. The blackmailer will request money, something else of value, or additional photos or videos. Like all forms of blackmail, cyber blackmail is crime in all states. Victims of cyber blackmail can report the incident to local authorities or the Department of Justice.
Emotional blackmail occurs between two people who have a personal or intimate relationship. The perpetrator uses threats, punishment, and guilt to control the other person’s behavior. They may threaten to withhold something abstract such as love or threaten to harm relationships.
An emotional blackmailer may also threaten to damage something the victim values or inflict self-harm. On some occasions, they use a combination of guilt and threats. As an example of blackmail, the blackmailer may justify why they stole the victim’s money by telling them “I did it because you don’t care what I need.”
Even though emotional blackmail rarely involves physical violence, it is a form of abuse. The victim should resist giving into the blackmailer’s demands and remove himself from the situation or relationship. Victims should also take threats of violence seriously and report it to law enforcement.
In 2009, Robert Halderman, former CBS News producer, learned that “ Late Show ” host David Letterman was engaged in extramarital affairs. On September 9, he gave Letterman’s driver a sealed envelope containing several documents. Included was a letter threatening to ruin Letterman if he did not pay a large sum of money. That same month, Halderman met with Letterman’s lawyer to discuss the terms of the arrangement.
On October 1, 2009, he received a check for $2 million dollars in exchange for his silence. The next day police arrested him, and the court later released the blackmailer on $200,000 bail . Letterman announced the situation on his show and admitted to affairs with female staffers. Rather than go to trial , the man pled guilty and received six months in jail, five years on probation , and 1,000 hours of community service.

Use the Creaming Method Every Time You Bake
Use the Creaming Method Every Time You Bake
Blackmail is an age-old art of convincing someone to do something they don't want to do based on information you have on them. Hopefully you'll never need to actually blackmail someone, but creating a file filled with nefarious deeds is easy to do.
Just for a little context here—this is one of those evil week posts where you have to fight evil with evil. I've learned this the hard way as one of my friends has been collecting what amounts to a blackmail folder on all of his friends he lovingly calls "The File."
We could run around in circles all day on why I'm still friends with this person—but the truth is, he's still a nice guy, and while the blackmail file is certainly annoying (and embarrassing), it's mostly in good fun, rather than something that will ruin all our lives. Chances are "The File" will never see the light of day. Still, in order to fight against this, I had to figure out how to catalog a collection of my own blackmail material. Here's what I've learned.
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The first rule of collecting a blackmail file is to record everything that happens. This means having your phone at the ready in any situation that could be potentially embarrassing, including bars, restaurants, amusement parks, meetings, work, or snowy (an
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