Is Blackmail a Felony? Laws, Charges, and Consequences

According to the United States Department of Justice (DOJ), blackmail is classified under various federal and state statutes related to extortion, coercion, and theft by threat.

“18 U.S. Code § 873 – Blackmail: Whoever, under a threat of informing, demands or receives any money or other valuable thing, shall be fined or imprisoned not more than one year, or both.”

What is Blackmail?

Blackmail is when someone threatens to reveal information (usually damaging, embarrassing, or illegal) unless a demand is met—often money, favors, or influence.

Example Scenarios:

• A person threatens to leak someone’s nudes unless they pay $1,000
• A hacker demands Bitcoin to avoid exposing private emails
• A former employee threatens to reveal trade secrets unless rehired

Key legal elements of blackmail:

1. A threat (emotional, reputational, financial, or physical harm)
2. A demand (money, action, silence, employment, etc.)
3. Intent (clear purpose of gaining something of value or manipulating someone)

Is Blackmail a Felony?

Yes, in most cases, blackmail is charged as a felony in the U.S.

While the federal penalty under Title 18 § 873 seems minor (up to 1 year), state laws usually impose harsher penalties, especially when digital platforms are used or when the blackmail involves large sums, minors, or public officials.

Is blackmail a misdemeanor?

No, blackmail is not typically a misdemeanor. In most U.S. states, blackmail is classified as a felony due to the serious nature of the threat and intent to obtain money, services, or influence through coercion. Felony charges often carry prison terms ranging from 1 to 20 years, depending on the severity and state law.

Felony vs Misdemeanor Blackmail

Learn More: 11 Major Benefits for Spouses of Incarcerated Individuals

Is blackmail a criminal offence?

Yes, blackmail is a criminal offense.

It involves threatening to reveal harmful or embarrassing information unless demands—usually money or favors—are met. In the U.S., blackmail is prosecuted under criminal law at both the state and federal levels, and it is usually classified as a felony due to its coercive and exploitative nature. Convictions can lead to prison time, heavy fines, and a permanent criminal record.

What Does Each State Say About Blackmail?

Most states classify blackmail under extortion, coercion, or theft by threat statutes.

What is the maximum penalty for blackmail?

The maximum penalty for blackmail in the U.S. can be up to 20 years in prison, depending on the state law, severity of the threat, and whether it’s charged federally or at the state level.

• Federal Law (18 U.S. Code § 873): Up to 1 year in prison and/or fines.
  (This applies when threats involve federal jurisdiction or cross state lines.)
• State Laws (Most States):
  • Maximum penalties range from 5 to 20 years in prison.
  • Fines can reach $100,000 or more.
  • Aggravating factors (like targeting a minor, using digital platforms, or involving public officials) can lead to harsher sentences.

So, while it varies by jurisdiction, 20 years is generally the maximum sentence under state laws for the most severe cases.

What is Sextortion?

Sextortion is a form of blackmail where someone threatens to share your private, sexual images, videos, or messages unless you do what they demand—usually send more explicit content, pay money, or perform sexual favors.

It often happens online through social media or messaging apps. Sextortion is a felony, and offenders can face up to 20 years in prison, especially if minors are involved.

What About Online Blackmail and Sextortion?

Ah yes, the dark side of the internet.

Cyber blackmail or “sextortion” is when someone threatens to release private images or videos unless a demand is met—usually targeting teenagers, influencers, or professionals.

• The FBI has declared sextortion a growing national crisis, especially among minors.
• In 2022 alone, over 7,000 sextortion complaints were filed, according to the FBI’s IC3 annual report

Online blackmail can escalate into multiple felony charges, including:

• Distribution of child pornography (if under 18)
• Wire fraud
• Interstate communications threat (federal crime)

Is There a Difference Between Blackmail and Extortion?

Yes—but the two are often charged together.

Some Cases of Felony Blackmail

Case 1: Jeff Bezos vs National Enquirer (2019)

The world’s richest man accused the publisher of blackmail and extortion over leaked private texts and photos. The case didn’t end in charges but brought blackmail into national headlines.

Case 2: Sextortion Ring Targeting Teens (2022)

FBI indicted several international hackers who targeted hundreds of U.S. minors with fake social media profiles. Penalties included 30+ years in federal prison.

Case 3: Local Teacher Blackmailed for Nude Photos (2021)

A student threatened a teacher over fake explicit content. The student was charged with felony extortion and cyber crimes, and expelled.

What to Do If You’re Being Blackmailed?

If you or someone you know is a victim, take these steps right away:

1. Do NOT Pay the Blackmailer – It only encourages more demands.
2. Save All Evidence – Emails, texts, calls, screenshots, even social media DMs.
3. Report to Local Police – Especially if the blackmail is domestic.
4. Contact the FBI – IC3.gov
5. Consult a Criminal Lawyer – Especially if your reputation or freedom is at risk.

Penalties & Prison Time for Felony Blackmail

Some Legal Terms You Should Know

• Coercion – Forcing someone to act under pressure or threats
• Duress – Using threats to make someone do something they normally wouldn’t
• Extortion – Broader term for obtaining anything via threat
• Sextortion – Blackmail involving explicit content

Final Thought

Blackmail is more than just unethical—it’s criminal, punishable by prison time, fines, and permanent damage to your future. Whether it’s online or offline, a prank or a serious threat, the U.S. justice system treats blackmail as a serious felony offense in nearly every situation.

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