The penalty for blackmail runs from up to one year in jail for a basic misdemeanor to as much as 20 years in federal prison, with fines reaching $100,000 or more and mandatory restitution to the victim on top. Where a specific case lands in that range depends on what was threatened, how much was demanded, whether the communication crossed state lines, and which federal or state statute the prosecutor charges.
Federal Penalties
Federal law covers blackmail through several statutes, and the one that applies controls the ceiling. The gap between them is wide, so the specific charge matters more than the label.
18 U.S.C. § 873 — The Narrow “Blackmail” Statute
The federal statute actually titled “Blackmail” is narrower than the word suggests. Section 873 covers only one scenario: threatening to report someone for violating a federal law unless they pay. The maximum is one year in prison, a fine, or both.1Office of the Law Revision Counsel. 18 U.S. Code 873 – Blackmail Under the general federal fine schedule, that fine can reach $100,000 for an individual.2Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine
This statute does not reach threats of violence, threats to expose embarrassing personal information, or most of what people picture when they hear “blackmail.” Those scenarios are prosecuted under other federal laws with much steeper maximums.
18 U.S.C. § 875 and § 876 — Threats Sent Across State Lines
When a blackmail threat travels by phone, email, text, social media, or any other interstate communication, § 875 applies. Almost any electronic message crosses state lines, so this is the statute that catches most modern cases. The maximum depends on what was threatened:3Office of the Law Revision Counsel. 18 U.S. Code 875 – Interstate Communications
- A threat to kidnap or physically injure someone, with intent to extort, carries up to 20 years in prison.
- A threat to damage property or reputation, or to accuse someone of a crime, with intent to extort, carries up to 2 years in prison.
A parallel statute, § 876, applies nearly identical penalties when the threat is sent through the U.S. mail.
The Hobbs Act — Up to 20 Years
The steepest federal exposure comes from the Hobbs Act, 18 U.S.C. § 1951, which covers extortion affecting interstate commerce. This is the law federal prosecutors use for organized crime, public corruption, and large-scale extortion. The maximum is 20 years in prison, and the same ceiling applies to attempt and conspiracy.4Office of the Law Revision Counsel. 18 U.S. Code 1951 – Interference With Commerce by Threats or Violence
What a Typical Sentence Looks Like
Those numbers are statutory ceilings, not what most defendants receive. Federal judges work from the U.S. Sentencing Guidelines, which produce an advisory range. For extortion involving force or serious harm, the base offense level starts at 18 and climbs from there based on weapon use, the amount demanded, injuries, and whether the threat involved death or kidnapping.5United States Sentencing Commission. 2024 Guidelines Manual – Chapter Two Offense Conduct There are no mandatory minimums for federal blackmail or extortion, so a first-time defendant with no aggravators has a realistic path to probation or a short sentence.
State Penalties
Most blackmail cases are prosecuted in state court, and the penalties swing hard depending on where the crime happened. States grade the offense as either a misdemeanor or a felony based on the type of threat, the dollar amount, and whether violence was involved.
Misdemeanor blackmail usually carries up to a year in county jail and fines of a few thousand dollars. Felony extortion is where exposure climbs. Across major states, the maximum prison term for the most serious felony extortion charge ranges from roughly 4 years to as high as 99 years, with fines of $10,000 to $25,000 or more. Any extortion involving a threat of physical violence is typically a felony regardless of what was demanded.
The practical effect: identical conduct can produce very different outcomes depending on geography. A threat to release embarrassing photos unless paid $5,000 might be a misdemeanor in one state and a second-degree felony in another. The specific statute in your state controls, and a local defense attorney is the only reliable source for a sentencing estimate.
Sextortion Carries Its Own Penalties
Threatening to release intimate images unless the victim pays or produces more images now has its own layer of federal criminal liability on top of traditional extortion charges. The TAKE IT DOWN Act, signed in May 2025, made it a federal crime to share or threaten to share someone’s intimate images without consent, including AI-generated deepfakes of real people. The maximum prison terms when the threat is used to extort:6Congress.gov. S.146 – TAKE IT DOWN Act
- 2 years for authentic intimate images of adults.
- 3 years for authentic intimate images of minors.
- 18 months for AI-generated deepfakes of adults.
- 30 months for AI-generated deepfakes of minors.
These penalties stack on top of traditional extortion charges. A sextortion scheme carried out online can draw charges under both the TAKE IT DOWN Act and § 875, with the sentences running on both. Most states also have statutes targeting non-consensual intimate imagery, and many now have sextortion-specific felony laws. Cases involving minors draw the harshest treatment everywhere.
What Pushes a Sentence Up or Down
Within whatever range applies, several factors consistently move the needle.
The nature of the threat matters most. A threat of violence or death produces dramatically harsher treatment than a threat to reveal information. Under federal guidelines, a threat of death or bodily injury adds two offense levels, and a weapon adds three to seven more depending on how it was used.5United States Sentencing Commission. 2024 Guidelines Manual – Chapter Two Offense Conduct
The amount demanded drives sentencing too. Federal guidelines raise the offense level when the demand or loss exceeds $20,000, with the enhancement growing as the dollar figure climbs. In state court, higher dollar amounts often push the offense into a more serious felony class.
Victim vulnerability is another consistent factor. Targeting an elderly person, a minor, or someone with diminished capacity brings enhancements in both federal and state court. Judges also weigh whether the defendant acted alone or ran a larger scheme, prior convictions, and whether the defendant held a position of trust. Federal guidelines impose especially steep enhancements for extortion involving a public official abusing their position, with increases of up to eight offense levels for conduct involving elected officials or high-level government decision-makers.7United States Sentencing Commission. Amendment 666
Costs Beyond Prison and Fines
The formal sentence is only part of what a conviction costs. In federal cases, courts must order restitution to the victim for financial losses tied to the crime, including lost income, property damage, medical expenses, and costs from the investigation and prosecution.8Office of the Law Revision Counsel. 18 U.S. Code 3663A – Mandatory Restitution to Victims of Certain Crimes Restitution is separate from any fine paid to the government and goes directly to the victim. Pain and suffering losses are not eligible for restitution in federal court.9U.S. Department of Justice. Restitution Process
A felony conviction also brings a period of supervised release after prison, with strict reporting conditions. A violation can send you back inside.
The collateral consequences are often what people underestimate most. A felony blackmail conviction creates a permanent record with cascading effects:
- Background checks surface the conviction, and many employers will not hire someone with a felony involving dishonesty or threats.
- Federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm.10Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
- Licensing boards for law, medicine, finance, real estate, and other regulated fields routinely revoke or deny licenses after a felony conviction.
- Public housing authorities and many private landlords screen for felony convictions.
- Some states restrict or revoke voting rights after a felony conviction, with rules that vary widely.
Taken together, the long tail of a conviction often outlasts the sentence itself.