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 Texas, blackmail is generally considered a form of extortion, which is a criminal offense under the Texas Penal Code. The act of demanding payment or another benefit in return for not revealing damaging information about someone is covered under the statutes related to theft, which can include theft by coercion. The severity of the offense and the penalties involved can vary depending on the circumstances, such as the amount of money demanded or the nature of the threat. Blackmail can be prosecuted as a misdemeanor or a felony, with more severe cases potentially leading to significant prison time. Additionally, if the blackmail involves a threat to report or testify about a violation of federal law unless a demand is met, it can also be prosecuted as a federal crime. The specific statutes that address these offenses in Texas are found in the Texas Penal Code, which provides detailed definitions and penalties for various forms of theft, coercion, and related criminal activities.
