Blackmail and Extortion Law – 18 U.S.C. § 873

Blackmail and extortion are serious federal crimes that involve threatening to reveal damaging information about someone in order to obtain money, property, or another benefit.

Under 18 U.S.C. § 873, federal law specifically criminalizes demanding or receiving money or anything of value in exchange for not reporting a violation of United States law.

Although the terms “blackmail” and “extortion” are often used interchangeably in everyday language, federal law defines blackmail in a specific way.

Prosecutors must prove that the accused threatened to inform authorities about a federal crime—or demanded something of value in exchange for staying silent.

Federal investigations involving blackmail or extortion frequently arise from communications such as emails, text messages, phone calls, or other interstate communications.

If you are under investigation or charged with federal blackmail, speaking with an experienced federal criminal defense attorney is critical to protecting your rights.

Your best chance for a positive outcome is working with a defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Is Blackmail Under Federal Law?

Under 18 U.S.C. § 873, blackmail occurs when a person demands or receives money or something of value by threatening to report another person's violation of federal law.

The statute provides that anyone who:

threatens to inform authorities of a violation of United States law, or
demands money or something valuable in exchange for not informing

may be charged with federal blackmail.

A key aspect of the law is that the threatened disclosure must involve a violation of federal law. If someone attempts to obtain money by threatening to expose criminal conduct, prosecutors may pursue charges under this statute.

Key Elements of a Federal Blackmail Charge

To convict someone under 18 U.S.C. § 873, federal prosecutors must prove several elements beyond a reasonable doubt.

Threat to Inform

The defendant threatened to report another person for violating federal law or implied that such information would be disclosed.

Demand for Value

The defendant demanded or received money, property, or another valuable benefit.

Connection Between the Threat and the Demand

The demand for money or something valuable must be directly tied to the threat of reporting the alleged violation.

Without proof of these elements, prosecutors may struggle to secure a conviction.

Common Examples of Blackmail or Extortion

Federal blackmail cases can arise in many different situations. Some examples include:

Threatening to report someone to law enforcement for a federal crime unless they pay money.
Demanding payment in exchange for not revealing illegal conduct discovered during a business dispute.
Attempting to obtain financial benefits by threatening to expose criminal activities.
Using electronic communications such as emails or text messages to demand money in exchange for silence.

Many modern blackmail cases involve digital communication, which often creates a record of the alleged threat.

Related Federal Crimes

Blackmail under 18 U.S.C. § 873 is part of a broader group of federal statutes addressing threats, extortion, and coercion. Several related offenses appear in Chapter 41 of Title 18 of the U.S. Code.

18 U.S.C. § 875 – Interstate Threatening Communications

This statute criminalizes sending threats through interstate communications such as phone calls, emails, or online messaging systems.

18 U.S.C. § 876 – Mailing Threatening Communications

Sending threatening letters or communications through the mail can lead to prosecution under this law.

18 U.S.C. § 872 – Extortion by Federal Officials

This statute applies when a federal employee unlawfully obtains money or property under the color of official authority.

18 U.S.C. § 874 – Kickbacks from Public Works Employees

This law prohibits demanding kickbacks related to government contracts or public works employment.

18 U.S.C. § 871 – Threats Against the President

Threatening the President or successors to the presidency is a federal crime punishable by up to five years in prison.

18 U.S.C. § 880 – Receiving Proceeds of Extortion

This statute criminalizes receiving money or property that was obtained through extortion.

Federal prosecutors often charge defendants under multiple statutes when the alleged conduct involves several types of threats or communications.

Penalties for Federal Blackmail

Compared to other extortion-related crimes, blackmail under 18 U.S.C. § 873 carries relatively lower maximum penalties.

A conviction may result in:

Up to one year in federal prison
Criminal fines imposed by the court
Probation in some cases

However, if prosecutors charge related crimes such as interstate threats or extortion under other statutes, the penalties can increase significantly. Some related offenses carry maximum sentences of up to 20 years in federal prison.

Federal Sentencing Considerations

Although the statute provides maximum penalties, the actual sentence in a federal case depends on many factors.

Federal judges consider:

The defendant's criminal history
The seriousness of the offense
The financial harm caused
Mitigating factors related to the defendant's background

Federal courts rely heavily on the United States Sentencing Guidelines and sentencing factors under 18 U.S.C. § 3553(a) when determining penalties.

In some cases, defendants may receive alternative sentences such as:

Probation
Community service
Home confinement
Treatment programs

Legal Defenses to Federal Blackmail Charges

Being accused of blackmail does not automatically mean a conviction will occur. Prosecutors must prove each element of the crime beyond a reasonable doubt.

Lack of Intent

A common defense involves demonstrating that the defendant did not intend to extort money or value through threats.

No Real Threat

If the alleged threat was vague, misunderstood, or not intended to influence someone through fear, the conduct may not meet the legal definition of blackmail.

Insufficient Evidence

Blackmail cases sometimes rely heavily on verbal conversations. Without written communications or other clear evidence, prosecutors may struggle to prove the alleged threat.

No Violation of Federal Law

Because federal blackmail requires a threat involving a violation of U.S. law, the charge may fail if the alleged “secret” does not involve a federal offense.

Mental State Defenses

In rare situations, intoxication, mental incapacity, or other conditions affecting intent may be raised as defenses.

Frequently Asked Questions

What is blackmail under federal law?

Blackmail occurs when someone demands money or something valuable by threatening to report another person's violation of federal law.

Is blackmail always a federal crime?

Not always. Many blackmail or extortion cases are prosecuted under state law unless they involve federal jurisdiction or interstate communications.

What is the maximum penalty for federal blackmail?

The maximum penalty under 18 U.S.C. § 873 is one year in federal prison and potential fines.

Can related crimes increase penalties?

Yes. Charges involving interstate threats or extortion under other statutes may carry penalties of up to 20 years in federal prison.

Should I talk to investigators if I am accused of blackmail?

If federal investigators contact you, it is usually advisable to consult a criminal defense attorney before answering questions.

Why Early Legal Representation Matters

Federal blackmail investigations often involve digital communications, financial transactions, and complex legal issues related to intent and evidence. Federal prosecutors have extensive resources and experience in pursuing these cases.

A skilled federal criminal defense attorney can analyze the evidence, challenge the prosecution's claims, and develop a defense strategy designed to protect your rights and seek the best possible outcome.

Eisner Gorin LLP is here to help. Schedule your consultation today.

Blackmail and Extortion