A message shows up on your phone: “Pay me, or I’ll ruin your reputation.” Another person demands money face-to-face while making a threat. Both situations feel similar and raise the same issue: extortion vs blackmail, is there a legal difference that matters in court?
What Is Extortion?
Extortion generally means obtaining money, property, services, or another benefit by using force, fear, or coercion.
In California, the statute treats extortion as obtaining property or other consideration with the person’s consent when the consent comes from wrongful use of force or fear. It also covers obtaining an official act from a public officer through the same kind of pressure.
So, what is extortion in practical terms? People often use the phrase “extortion and threats” when describing a demand backed by fear or coercion.
Common examples include:
- A demand for cash paired with threatened harm to a person, a family member, or property
- Payment demanded to stop disrupting someone’s business, job, or relationships
- Pressure on a public official to act, or refuse to act, in exchange for avoiding consequences
The key idea is that the person gives “consent” because the pressure leaves no real choice. When conduct relies on threats tied to a demand, prosecutors may charge extortion even if the target refuses to comply, because many statutes cover attempts.
What Is Blackmail?
Blackmail often refers to a demand for money or another benefit in exchange for not disclosing private or damaging facts.
Understanding “what is blackmail” becomes clearer through a typical scenario: an individual will threaten to share private information that is humiliating in nature with the victim unless they are paid.
The leverage comes from damaging information including private photos, personal messages, medical issues, or accusations of wrongdoing.
At the federal level, blackmail statute makes it a crime to demand or receive money or something valuable under a threat of informing, or as consideration for not informing about a violation of United States law.
In everyday language, people may describe this conduct as blackmail even when prosecutors charge it as extortion, because some states treat reputation-based threats under extortion laws. This distinction becomes important once charges are filed and the case moves through the criminal court process.
Extortion vs Blackmail: What’s the Difference?
While both terms seem to refer to distinct types of crimes, some jurisdictions will treat blackmail as a form of extortion due to the reliance on coercion in each crime. In practice, there are distinctions based on the level of pressure employed and how a particular statute was written.
One useful way to understand the difference is to look at the type of threat involved:
- Extortion relies on force or fear related to money, property, or an official action, and typically will include a threat of violence, property damage, or other economic pressures.
- Blackmail tends to rely on a disclosure threat (i.e., threatening to reveal a secret, accusing someone of wrongdoing) to induce payment or other benefits.
Due to this overlap, it is common for individuals to perform a blackmail vs extortion search, after being presented with similar factual scenarios described with the term blackmail or extortion.
Many federal statutes have their own definitions of extortion. For example, the Hobbs Act defines extortion as the obtaining of property from another person through consent, which has been wrongfully induced by the use of actual or threatened force, violence, fear, or by the use of an official position.
The Hobbs Act definition can be applied to a wide array of situations including those that affect interstate commerce, and public officials using a position of authority to extort money from others.
State statutes may provide a greater breadth of coverage as compared to federal statutes. Therefore, the same conduct may be charged as either blackmail or extortion, depending upon the jurisdiction and the facts surrounding the case.
Legal Consequences of Extortion and Blackmail
Penalties vary by jurisdiction, charging choices, and the details of the allegation. Some cases remain at the state level, while others proceed under federal law when a federal statute applies.
Prosecutors focus on elements such as:
- Demand (money, property, services, or a specific action)
- Threat (physical injury, property damage, reputational harm, or reporting alleged wrongdoing)
- Intent to obtain something of value through coercion
Written communications matter. California has a separate provision that addresses extortion by threatening letters or writing.
A person can still face charges without a completed transfer of money or property. In many cases, the government files an attempt to extort allegations when the threat and the demand appear in messages, calls, or recorded conversations.
Practical steps protect legal rights early:
- Save texts, emails, social media messages, and voicemails in their original form.
- Avoid negotiating payments or sending explanations that could be misread as admissions.
- If law enforcement contacts you, request counsel before answering questions.
Because these cases often turn on intent, context, and credibility, legal advice from a Los Angeles criminal defense attorney can help assess defenses such as false accusations, misidentification, lack of intent, or protected communications.
Can Someone Be Charged with Both Extortion and Blackmail?
Yes. When the digital evidence supports the application of more than one statute, prosecutors have the option of filing charges that represent the different forms of pressure. For example, a person could make a violent threat while simultaneously making a threat to reveal private information. This would support at least two of the legal theories.
In some examples, the conduct would be described as both types of pressures, but courts have discretion to limit punishment in cases with overlapping offenses under the applicable state law.
Again, this is why many individuals compare blackmail vs extortion. It is the language contained within the charging documents that will ultimately matter more than the language utilized by the parties involved in conversation. As with all crimes, the prosecution must prove every element of the crime charged beyond a reasonable doubt.
Conclusion
An offer or demand made in conjunction with a threat can be the basis for a charge of a crime, regardless of whether the threat was directed toward the individual’s reputation rather than their physical safety.
The primary difference in extortion vs blackmail is the applicable statute, the form of pressure applied, and the jurisdiction in which the case is prosecuted.
Therefore, should you be accused of either blackmail or extortion, it is recommended that you retain all communication (including electronic), refrain from continuing to communicate with your accuser, and seek advice from an attorney as soon as possible so that your decisions reflect both the law and the facts.
References
- (n.d.). California Penal Code Section 518.
- Legal Information Institute, Cornell Law School. (n.d.). 18 U.S.C. § 873: Blackmail.
- Legal Information Institute, Cornell Law School. (n.d.). 18 U.S.C. § 1951: Interference with commerce by threats or violence.
- S. Department of Justice. (n.d.). Justice Manual: Hobbs Act (18 U.S.C. § 1951).
- Shouse Law Group. (n.d.). California Penal Code 523 PC: Blackmail.
- Los Angeles Criminal Lawyer Pro. (n.d.). California Penal Code Section 518 PC: Extortion.
- California Legislative Information. (n.d.). Penal Code Section 518.