At some point in our lives, most of us have experienced some form of blackmail. Anyone with siblings has experienced conversations like, “If you tell Mom about this, I’ll tell her about that.” Back then, you likely didn’t seek charges against your brother or sister. But today, blackmail is more prevalent than ever — largely thanks to the advancement of technology and telecommunications. This leads many to ask themselves the question: “Is blackmail illegal?” It’s important to understand your rights and protections, so read on to learn more about blackmail legislation.
Is Blackmail Illegal?
Yes, blackmail and the various crimes that fall under its umbrella are considered illegal in most countries. However, the answer to the question “is blackmail illegal?” only raises another. If the laws are clear, why are people still committing this crime on such a large scale?
The expansion of the internet has made it easier for scammers to carry out blackmail without facing immediate consequences. As more people share their lives on the internet, they unknowingly place a target on themselves.
The Three Main Types of Cyber Blackmail
The definition of blackmail may vary depending on who you ask. Generally, it’s described as threatening to release private information about another unless they fulfill your requests. The differentiator is the type of information being leveraged.
- Sextortion: The criminal threatens to release explicit images or videos featuring their victim. They typically threaten to share it with the victim’s friends, family, co-workers, or other social circles unless they receive financial compensation.
- Doxxing: The perpetrator threatens to expose the victim’s personal, identifiable information. This may include their home address, phone numbers, email addresses, or even details about their workplace or their children’s school.
- Sensitive Information Leaking: The blackmailer leverages confidential or embarrassing information about the victim. This could include details of past crimes, medical history, or any other personal information.
These crimes aren’t always covered by the same laws, and each state views them uniquely. Instead of asking “is blackmail illegal?”, a better question is “what statute criminalizes the form of blackmail I’ve experienced?”
Is Blackmail Illegal in the United States and How is it Prosecuted?
Blackmail is a crime that can be prosecuted at both the federal and state levels in the United States. Federal laws, as well as most state laws, view blackmail as a felony offense. However, its handling may vary depending on the specific situation. If you’re facing blackmail, it’s important to understand your legal options and seek the right support.
Is Blackmail Illegal at the Federal Level?
At the federal level, there are seven laws that make blackmail a punishable offense in the United States.
- 18 U.S.C. § 873 – Blackmail. This law addresses blackmail in the traditional sense of the word, making it illegal to demand money through threats.
- 18 U.S.C. § 1951 – The Hobbs Act. The Hobbs act criminalized many forms of extortion, the category of crime that blackmail falls under. However, extortion can include threats of force, fear, or violence unless demands are met.
- 18 U.S.C. § 875 – Interstate Communications. This makes it illegal to use interstate or foreign communications to transmit any threats to harm or extort someone. This includes digital communication methods.
- 18 U.S.C. § 1030 – Computer Fraud and Abuse Act (CFAA). This law applies to cases where information is obtained through some form of unauthorized access to the victim’s computer.
- 18 U.S.C. § 2261A – Stalking & Cyberstalking. This statute pertains to internet stalking tied to the act of blackmail. Blackmailers often stalk their victims to obtain leverage, adding an additional act to their list of criminal charges.
- 18 U.S.C. § 2260B – Sexual Exploitation of Minors. This law comes into play only if the victim is under the age of 18. It addresses crimes involving the use of the internet to entice, exploit, or abuse a minor.
- 18 U.S.C. § 2252A – Child Pornography Offenses. This is another statute that specifically deals with victims under the age of 18. It applies when a minor sends some type of sexual content to the blackmailer.
Is Blackmail Illegal at the State Level?
While every state classifies blackmail a bit differently, they all have some legislation that criminalizes it. Below is a list of how blackmail is against the law in all 50 states.
Find your state: A-I, K-N, O-W
A-I
- Alabama Alabama has specific laws covering harassment and extortion.
- Alaska: Alaska prosecutes blackmailers under their laws against digital harassment and extortion.
- Arizona: Arizona has statutes that criminalize extortion.
- Arkansas: Arkansas criminalizes the act of coercing an individual to take or abstain from a specific action.
- California: California has general laws against extortion and blackmail and more specific laws pertaining to NCII abuse.
- Colorado: Colorado lists the different types of blackmail in its laws criminalizing cyber exploitation and extortion.
- Connecticut: Connecticut pursues legal action against any type of cyber extortion.
- Delaware: Delaware views blackmail as theft by means of threats, and the crime is covered under their theft laws.
- Florida: Florida has statutes that specifically address cyber harassment, blackmail, and the non-consensual distribution of intimate images.
- Georgia: Georgia has specific laws that list the invasion of privacy and acts of extortion as punishable by law.
- Hawaii: Hawaii addresses acts of blackmail under existing statutes pertaining to harassment and extortion.
- Idaho: Idaho classifies blackmail as theft by extortion. The state also has specific laws concerning online harassment.
- Illinois: Illinois prohibits the use of intimidation as a means to cause another person to perform or omit a certain act.
- Indiana: Indiana also addresses blackmail under its intimidation laws.
- Iowa: Iowa covers the different types of blackmail under their provisions for extortion.
K-N
- Kansas: Kansas has specific laws that criminalize blackmail.
- Kentucky: Kentucky criminalizes different types of blackmail under their laws concerning extortion.
- Louisiana: Louisiana handles cases of blackmail through their laws on computer crimes and extortion.
- Maine: Maine has statutes that protect against many different forms of harassment and extortion.
- Maryland: Maryland has laws against the different versions of blackmail under extortion and other threats.
- Massachusetts: Massachusetts has created specific laws with regard to harassment and extortion.
- Michigan: Michigan has laws that criminalize the use of malicious threats to extort money.
- Minnesota: Minnesota has individual laws that address the different types of cyber blackmail.
- Mississippi: Mississippi generally pursues legal action for the act of blackmail under their laws concerning extortion.
- Missouri: Missouri addresses blackmail as coercion under robbery, stealing, and related offenses.
- Montana: Montana has specific laws governing telecommunication-based blackmail. Certain cases also fall under intimidation and theft laws.
- Nebraska: Nebraska criminalizes extortion and digital harassment.
- Nevada: Nevada directly addresses the three different types of blackmail under individual statues.
- New Hampshire: New Hampshire considers cases of blackmail under laws covering theft by extortion.
- New Jersey: New Jersey has specific laws against digital blackmail and harassment.
- New Mexico: New Mexico deals with cases of blackmail under their existing harassment regulations.
- New York: New York has laws that address blackmail under larceny by extortion.
- North Carolina: North Carolina criminalizes all forms of blackmail.
- North Dakota: North Dakota has many statutes concerning the violation of individual privacy, including criminal coercion.
O-W
- Ohio: Ohio classifies blackmail under their regulations concerning extortion and harassment.
- Oklahoma: Oklahoma has many laws related to extortion and harassment.
- Oregon: Oregon has specific laws relating to acts of extortion.
- Pennsylvania: Pennsylvania has statutes against extortion and any related crimes.
- Rhode Island: Rhode Island criminalizes all of the major forms of blackmail.
- South Carolina: South Carolina criminalizes verbal and written blackmail.
- South Dakota: South Dakota has laws against acts of harassment and extortion.
- Tennessee: Tennessee criminalizes extortion under theft and offences against property.
- Texas: Texas has consolidated a variety of theft-related crimes, including extortion, under one theft offense.
- Utah: Utah has anti-harassment and extortion laws.
- Vermont: Vermont has different laws criminalizing the three main categories of blackmail.
- Virginia: Virginia criminalizes blackmail through their laws pertaining to extortion and privacy violations.
- Washington: Washington prosecutes blackmail under its laws covering theft by extortion.
- West Virginia: West Virginia has ordinances pertaining to extortion and privacy.
- Wisconsin: Wisconsin has laws against harassment and extortion.
- Wyoming: Wyoming has a specific section dedicated to blackmail under offenses against the person.
Should You Notify Law Enforcement of Your Blackmailer?
Blackmail is illegal, so you should notify law enforcement of the situation. Begin with your local police. If the case exceeds their scope of capability, consider the following before approaching a national agency.
- If the victim is under 18 or was under 18 when the content was collected. The case should be sent to the National Center for Missing & Exploited Children (NCMEC).
- If the victim is over 18, you’ll be directed to file a complaint with local authorities or the FBI Internet Crime Complaint Center (IC3).
In addition to law enforcement, there are other organizations who can provide support and guidance. You can learn more by reading our article covering the top resources for victims of blackmail.
Is There a Chance Your Blackmailer Will Follow Through If You Report Them?
A blackmailer may get upset if they find out you reported them. However, most are confidential. The blackmailer likely won’t know you’ve reported them unless you take legal action that requires you to face them.
Can You Sue Your Blackmailer?
A lawyer can answer, “is blackmail illegal in my region?”, protect your reputation, and seek damages. However, you must consider whether suing the blackmailer is effective if you do not know who is blackmailing you. You can learn more about this option by checking out our expert guide on suing cybercriminals.
Why Is It So Difficult to Sue Your Blackmailer?
Blackmailers hide behind anonymity. This makes it harder to sue them right away. Your attorney may suggest working with experts who can locate your blackmailer. With this information, your attorney can proceed with steps like sending a cease-and-desist letter or filing a lawsuit.
If you’d like more information about digital anonymity and lawsuits, check out our article on why your attorney can’t initially help you with blackmail.
How Cyber Investigators Can Assist You When Facing Blackmail
We’ve answered the question “Is blackmail illegal?” and outlined the avenues you can take to combat it. Now, all you need to do is identify the blackmailer — a task easier said than done. This is where professional cyber investigators can be of great service.
These experts can uncover evidence hidden in the backend of your virtual exchanges with the perpetrator. This data can be used to track down the blackmailer’s IP address, geolocation, and identity. With this information, you will be able to pursue legal action against your abuser.
If you ever find yourself needing to track down a blackmailer, Digital Forensics Corp. is here for you. Contact our blackmail helpline any time of day to connect with one of our specialists and begin your recovery.
