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Is Extortion a Felony? Charges, State Laws and Next Steps

Understand the exact charge, distinguish threats from completed takings, and prepare questions about sentencing, evidence and legal help.

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Quick Answer

Extortion can be a felony or a misdemeanor. The answer depends on the jurisdiction and the exact offense, including the kind of threat, what was demanded or obtained, and any special circumstances. “Blackmail,” “coercion” and “sextortion” do not identify one uniform nationwide crime.

For federal offenses, a two-year statutory maximum is a felony under 18 U.S.C. § 3559(a), not a misdemeanor: this matters for § 875(d) and the ordinary § 876(d) tier. Federal blackmail under § 873 has a one-year maximum. State labels use their own rules; Pennsylvania, for example, permits up to five years for a first-degree misdemeanor. Start with the statute and subsection on the charging document, not the everyday name of the allegation.

Felony vs Misdemeanor: Side-by-Side Comparison

FactorFelonyMisdemeanor
Federal property or reputation threats18 U.S.C. § 875(d): up to two years for the specified interstate or foreign communication with intent to extort; classified as a Class E felony under § 3559(a).Do not call an offense a misdemeanor merely because its maximum is two years. Federal § 873 is a different, one-year blackmail provision.
Property valueConnecticut § 53a-122(a)(1) makes larceny by extortion a Class B felony regardless of the property or service’s value.Hawaii retains third-degree misdemeanor extortion. Its higher-value, compelled-conduct, credit and weapon provisions must also be checked.
Official-right extortionFederal § 872 ordinarily has a three-year maximum, and the Hobbs Act has its own elements and a twenty-year maximum.Section 872 has a one-year tier when the amount demanded or extorted does not exceed $1,000. California § 521 is a misdemeanor when the code prescribes no different punishment.
No payment was madeSome provisions cover attempts or the communication itself. California § 523(a) punishes specified written extortionate threats as if the consideration had been obtained.Nonpayment is not a universal misdemeanor rule or a guarantee that no crime occurred. The elements and any attempt provision control.
Penalty labelsA statutory maximum is not a predicted sentence or time actually served. Additional counts and applicable sentencing rules need separate analysis.State misdemeanors are not all capped at one year. Pennsylvania’s first-degree misdemeanor maximum is five years under § 1104.

State-by-State: How Each State Classifies It

51 jurisdictions. Start with the exact statute and subsection on the charging document. The incident date, alleged facts and applicable enhancements can change the classification or sentence.

StateStatuteClassificationPenalty summaryKey note
AlabamaAla. Code §§ 13A-8-14, 13A-8-15, 13A-5-6, 13A-5-11First-degree extortion: Class B felony. Second-degree extortion: Class C felony.Ordinary Class B range: 2–20 years; Class C: 1 year and 1 day–10 years. Ordinary fine limits are $30,000 and $15,000 respectively; gain/loss-based fines and other sentencing rules can change these limits.The judicial instructions distinguish threats of physical harm or confinement/restraint from the other listed threats. Both require obtaining control of another’s property by threat with intent to deprive. Section 13A-8-15(b)’s honestly claimed restitution or compensation defense concerns the specified accusation threat, not every exposure threat or plausible debt. The 2024 instructions cite the threat definition at § 13A-8-1(14), while the reproduced offense statutes retain older cross-reference numbering; use the actual conduct and applicable version.
AlaskaAlaska Stat. §§ 11.41.520, 12.55.125(d), 12.55.035Extortion under § 11.41.520: Class B felony.Ordinary Class B maximum: 10 years; an individual may also face a fine up to $100,000. Presumptive ranges, prior convictions and adjustment provisions affect sentencing.The statute requires obtaining another’s property through a listed threat or suggestion and includes specified purported protection offers. Its injury-threat clause excludes robbery. Subsection (c) provides a limited honestly claimed restitution or compensation defense for the threats in (a)(2), (3) or (4); it is not general permission to threaten someone over a debt. An organization’s fine rules differ from the individual limit shown here.
ArizonaA.R.S. §§ 13-1804, 13-702Theft by extortion: Class 4 felony; Class 2 for the threats specified in § 13-1804(A)(1).First-offense, non-dangerous § 13-702 ranges: Class 4, 1–3.75 years including mitigated/aggravated terms, presumptive 2.5; Class 2, 3–12.5 years including those terms, presumptive 5. Different sentencing rules can apply.The offense covers knowingly obtaining or seeking property or services by a listed threat. The Class 2 trigger includes threatened injury by a deadly weapon or dangerous instrument, or threatened death or serious physical injury. Subsection B’s reasonable-accusation/exposure/official-action defense is limited to A(5), (6) or (7); it is not blanket permission to threaten someone over a debt. Do not apply the non-dangerous sentencing range without checking the charge.
ArkansasArk. Code §§ 5-13-208, 5-14-113, 5-4-401Coercion under § 5-13-208: Class A misdemeanor. Sexual extortion under § 5-14-113: Class B felony.Ordinary imprisonment: Class A misdemeanor, up to 1 year; Class B felony, 5–20 years. Other sentencing and release rules require separate review.Coercion requires compelling or inducing conduct through the specified purposeful fear-inducing conduct. Sexual extortion has distinct alternatives involving sexual conduct, producing or distributing recordings, and demanding money or value by threatening distribution. The offense predates 2024: the code history lists its creation in 2017 and amendment by 2023 Act 659. These two provisions do not establish that every nonsexual threat must be charged only as misdemeanor coercion.
CaliforniaPenal Code §§ 518–524; § 19; § 1170(h)Section 520 provides felony punishment. Section 521 official-right extortion is a misdemeanor only where the code prescribes no different punishment. Attempt under § 524 has felony or misdemeanor punishment.Section 520: 2, 3 or 4 years under § 1170(h), not an automatic state-prison term. Section 521’s ordinary § 19 misdemeanor penalty: up to 6 months in county jail, a fine up to $1,000, or both.Section 518 includes property, other consideration and an official act; its consideration definition includes sexual conduct and specified images, with an express under-18 exception in subsection (c). Section 523(a) addresses written threats and (b) addresses ransomware. They must not be replaced by a generic privacy-offense citation. Section 521 is not the rule for every offense committed by a public official.
ColoradoC.R.S. §§ 18-3-207, 18-1.3-401Criminal extortion under (1) or (1.5): Class 4 felony. Aggravated criminal extortion under (2): Class 3 felony.Ordinary presumptive prison ranges: Class 4, 2–6 years; Class 3, 4–12 years. Fines, parole and applicable aggravating or other sentencing provisions are separate.Subsection (1) requires the specified substantial threat, intent and unlawful-act or third-party-action conditions; it does not require a demand for money. Subsection (1.5) separately addresses threatened reporting of immigration status. Aggravated extortion adds the means specified in (2): chemical, biological or harmful radioactive agents, weapons, or poison. A generic threat of death or serious injury is not the complete aggravated-offense definition.
ConnecticutConn. Gen. Stat. §§ 53a-119(5), 53a-122(a)(1), 53a-35a, 53a-41Larceny in the first degree by extortion: Class B felony, regardless of the nature and value of the property or service.Ordinary Class B prison range: 1–20 years; fine up to $15,000. Applicable sentencing alternatives and enhancements require separate review.Section 53a-119(5) identifies the threats used to induce delivery of property to the actor or a third person. Do not apply the ordinary low-value larceny misdemeanor thresholds to property obtained by extortion; § 53a-122(a)(1) supplies a specific rule.
Delaware11 Del. Code §§ 841, 846, 847, 774, 4205Section 846 extortion: Class E felony; Class D if the victim is 62 or older. Section 774 sexual extortion: Class E, elevated to Class B under subsection (c).Ordinary prison maxima: Class E, 5 years; Class D, 8 years. Class B: 2–25 years, with a nonsuspendable minimum under § 4205(d).Section 846 concerns delivery of property induced by listed threats; § 847 supplies limited defenses. Section 774 concerns compelled sexual acts or visual-depiction production. Its Class B triggers are an adult defendant and a child or vulnerable-adult victim, as defined in the cross-referenced statutes, or serious physical injury/death caused by the offense. A prior conviction is not the listed § 774(c) trigger, and a child victim alone is not the complete age-based test.
FloridaFla. Stat. §§ 836.05, 836.10, 784.049, 775.082Section 836.05(1) extortion: second-degree felony; the foreign-agent circumstances in (2): first-degree felony. Sexual cyberharassment under § 784.049 has distinct misdemeanor and felony tiers.Ordinary maxima: second-degree felony, 15 years; first-degree felony under § 836.05(2), 30 years. Section 784.049 includes first-degree misdemeanor (1 year), third-degree felony (5 years) and second-degree felony (15 years) tiers.A threat demanding money or compelled conduct and the publication or dissemination of an intimate image are different acts. Section 784.049 is not a universal first-offense misdemeanor rule for sextortion: it includes prior-conviction and financial-gain felony provisions. Section 836.10 separately covers specified written/electronic threats and does not require an extortion demand. Match the alleged conduct to the actual subsection.
GeorgiaO.C.G.A. § 16-8-16Theft by extortion: felony.Imprisonment of 1–10 years under § 16-8-16(d).The offense requires unlawfully obtaining property by a listed threat, including injury, accusation, reputational exposure, official action and specified collective-action or testimony threats. Subsection (c)’s affirmative defense is limited to (a)(2), (3), (4) or (6) and an honestly claimed restitution or compensation demand meeting its conditions. Threatened official action already appears in this statute; do not automatically relabel every public-official allegation as bribery or substitute a bribery sentence.
HawaiiHRS §§ 707-764–707-768; §§ 706-659, 706-660, 706-663First degree: Class B felony. Second degree: Class C felony. Third degree: misdemeanor. Section 707-768 elevates extortion in any degree to Class A when its weapon conditions are met.Ordinary prison maxima: Class B, 10 years; Class C, 5 years; misdemeanor, 1 year. Class A under § 706-659 has a twenty-year indeterminate term without suspension or probation; the parole authority determines the minimum.First degree includes value exceeding $200 in total during any twelve-month period or specified extortionate-credit conduct. Second degree includes value exceeding $50 during that period or compelled conduct under § 707-764(2). Third degree remains in § 707-767. The Class A rule requires a firearm, explosive or dangerous weapon to be immediately available and physically used as part of the threat; mere mention of a weapon is not the complete statutory test.
IdahoIdaho Code §§ 18-2403(2)(e), 18-2407(1), 18-2408Theft by extortion is grand theft regardless of value, but its penalty depends on the type of threat.Section 18-2407(1)(a) extortion: 1–20 years, a fine up to $10,000, or both. Other extortion under (1)(b)(5): 1–14 years, a fine up to $5,000, or both.Section 18-2403 defines theft by extortion; § 18-2407 grades it. Threats of physical injury, property damage or specified abuse of public office fall within § 18-2407(1)(a) and § 18-2408(1). Other listed extortion threats, such as accusation or reputational exposure, remain grand theft under (1)(b)(5) but use § 18-2408(2)(a). The twenty-year tier is not the sentence for every kind of extortion.
Illinois720 ILCS 5/12-6Intimidation: Class 3 felony with an offense-specific prison range.Section 12-6(b) expressly authorizes 2–10 years of imprisonment.The offense requires a communicated threat made without lawful authority, with intent to cause another person to act or refrain from acting. Listed threats include harm, confinement, specified crimes, accusation, reputational exposure and official action. A completed property transfer is not an element listed in § 12-6. Use its express 2–10-year provision; the Class 3 label alone does not supply the complete sentence. Any separate theft or aggravated-intimidation count needs its own elements and penalty analysis.
IndianaInd. Code §§ 35-45-2-1, 35-50-2-6(b), 35-50-2-7(b), 35-50-3-2Intimidation: Class A misdemeanor, with Level 6 and Level 5 felony alternatives under § 35-45-2-1(b).Ordinary prison ranges: Class A misdemeanor, up to 1 year; Level 6, 6 months–2½ years (advisory 1 year); Level 5, 1–6 years (advisory 3 years).Level 6 triggers include a forcible-felony threat, specified pending-case witness/family circumstances, occupation-related threats, a prior unrelated same-victim conviction, or use of school/government property. Level 5 includes drawing or using a deadly weapon during the offense, the specified court-official/prosecutor status or duty connection, or terrorism threats. School property is not automatically a Level 5 trigger. The prosecution must also establish the applicable intent and statutory threat definition; a generic list of protected people is insufficient.
IowaIowa Code §§ 711.4, 902.9(1)(e)Extortion: Class D felony.For a Class D offender who is not an habitual offender: up to 5 years and a $1,025–$10,245 fine, with applicable surcharges separate.Section 711.4 covers listed threats made to obtain anything of value, including intangible value, labor or services. Subsection (3) provides a limited reasonable-belief/good-faith-claim defense, excluding threats to commit a public offense. Subsection (4) requires registration if the specified sexual-motivation determination is made. Section 711.3 is second-degree robbery, not blackmail.
KansasK.S.A. § 21-5428; 2026 HB 2479, § 5Accusation/statement blackmail under (a)(1): severity level 7, nonperson felony. Specified image/recording threats under (a)(2): severity level 4, person felony.The offense level alone does not establish a single fixed sentence. Obtain the calculation for the applicable sentencing grid, criminal history and offense date; this row does not promise probation.The level 4 tier concerns specified recordings, not a generic physical-violence threat. The signed 2026 HB 2479 revises (a)(2) to include specified nude/sexual depictions of an identifiable person, including digitally created or altered depictions, and adds an exclusion for compelling sexual contact, intercourse or conduct of a sexual nature. It retains the level 7/4 grades; do not describe the amendment as a new across-the-board minor-victim penalty enhancement. Compare the applicable version with the incident date.
KentuckyKRS §§ 514.080, 532.060, 532.090Value under $500: Class B misdemeanor; $500–under $1,000: Class A misdemeanor; $1,000–under $10,000: Class D felony; $10,000 or more: Class C felony, subject to the repeat-conviction rule.Ordinary prison terms: Class B misdemeanor, up to 90 days; Class A, up to 12 months. Authorized felony maximum-term ranges: Class D, 1–5 years; Class C, 5–10 years. Release and supervision are separate.Section 514.080(3)(c) makes three or more convictions under the $500–under-$1,000 paragraph within five years a Class D felony; the period uses offense dates. Two or more extortion offenses within ninety days may be combined and their values aggregated. Subsection (2)’s restitution or compensation defense is limited to the specified accusation, exposure or official-position threats. The old $500 felony threshold is not the current ordinary threshold.
LouisianaLa. R.S. 14:66; 14:2(A)(4)Extortion under § 14:66: felony.Imprisonment at hard labor for 1–15 years under § 14:66(B).The statute addresses communicating listed threats with intent to obtain value or a specified advantage, acquittance or immunity. A completed payment is not stated as an element. The text says at hard labor, not with or without hard labor; § 14:2 defines offenses punishable at hard labor as felonies. The fact that a public official is involved does not itself establish a different bribery or public-intimidation charge. Identify the actual count and its elements.
Maine17-A M.R.S. §§ 355, 1604Theft by extortion under § 355: Class C crime; general sentencing-class elevations can apply.Ordinary Class C maximum: 5 years. Section 1604(5)(A) can elevate the sentencing class for a dangerous weapon when its conditions are proved.Section 355 requires obtaining or exercising control over another’s property through extortion with intent to deprive. Its threat definition covers future physical harm or specified acts that would substantially harm another without substantially benefiting the actor. A Class C baseline should not be described as an unconditional five-year cap regardless of weapon-related sentencing rules.
MarylandMd. Code, Criminal Law §§ 3-701, 3-702, 3-705, 3-706, 3-709Sections 3-701/3-702 have misdemeanor and felony value tiers. Sections 3-705/3-706 are distinct ten-year felonies. Sextortion under § 3-709 is a misdemeanor with a ten-year maximum.Sections 3-701/3-702 prison maxima: under $1,000, 18 months; $1,000–under $10,000, 10 years; $10,000–under $100,000, 15 years; $100,000 or more, 25 years. Sections 3-705/3-706/3-709: up to 10 years.The value ladder does not make every low-value threat a misdemeanor: verbal and specified written extortionate threats have separate felony provisions. Sections 3-701 and 3-702 include obtaining or attempting to obtain property; § 3-701 also covers conspiracy. Their low-tier fine limits differ ($1,000 versus $500). Felony conviction under § 3-702 also bars state/local-government employment permanently. Section 3-709 addresses compelled sexual activity or specified visual-depiction production through listed threats; do not equate it with every demand for money involving an image. Its misdemeanor label is intentional, despite the ten-year maximum.
MassachusettsM.G.L. c. 265, § 25; c. 274, § 1Felony: § 25 authorizes state-prison punishment, even though it also provides alternative penalties.Up to 15 years in state prison, or up to 2½ years in a house of correction, or a fine up to $5,000, or both as provided in § 25.Section 25 is titled “Attempted extortion; punishment” and reaches malicious accusation or injury threats, and specified official abuse, with the required extortion/compulsion intent. Accusation threats are within this section; they do not automatically carry a separate five-year cap. Chapter 272, § 8 concerns soliciting for a prostitute, not extortion; the unsupported c. 265, § 25A citation has been removed.
MichiganMCL §§ 750.213, 750.214, 750.213bSection 750.213: felony. Specified corrupt public-officer fee extortion under § 750.214: misdemeanor. Section 750.213b sexual extortion has felony tiers and an under-18 offender misdemeanor provision.Section 750.213: up to 20 years or a fine up to $10,000. Section 750.213b(1): first/second/third-or-later offense maxima of 5/10/20 years and $5,000/$10,000/$20,000, or both. Subsection (2): up to 25 years; (3): up to 1 year.Sexual extortion requires the specified intentional, malicious visual-material threat and compelled-conduct/value intent; it includes threats to create material. The 25-year provision covers an offender more than 18 with a victim under 18 or a vulnerable adult, or resulting serious physical harm, serious mental harm or death. Subsection (3) separately makes an offender under 18 guilty of a misdemeanor; counsel must match the exact age and subsection. Section 750.214 concerns the specified corrupt demand and receipt of fees by a public officer, not every allegation involving an official.
MinnesotaMinn. Stat. § 609.27 (coercion); Minn. Stat. § 609.275 (attempt)Misdemeanor if the pecuniary gain or loss is $300 or less, or not measurable in money; felony (up to 5 years) if more than $300 but less than $2,500; felony (up to 10 years) if $2,500 or moreMisdemeanor: up to 90 days + $1,000; mid-tier felony: up to 5 years + $10,000; high-value felony: up to 10 years + $20,000Minnesota grades coercion (Section 609.27) by the pecuniary gain or loss: $300 or less — or benefits and harms that cannot be measured in money — is a misdemeanor, more than $300 but less than $2,500 carries up to 5 years, and $2,500 or more carries up to 10 years. So small-scale or non-pecuniary coercion is a misdemeanor, while substantial extortionate gain is a serious felony. Attempt is separately graded at Section 609.275.
MississippiMiss. Code § 97-3-82 (extortion; definitions, offense and penalties); § 97-3-119 et seq. (sexual extortion — Walkers Law)Misdemeanor if the value obtained is under $500 (up to 6 months county jail); felony if $500 or more, or if the extortion seeks an intangible reward, favor, or advantage — up to 15 years; extortion of a public official acting in official capacity: 2 to 20 yearsFelony: up to 15 years (public-official extortion: 2 to 20 years); misdemeanor: up to 6 months county jailMississippi extortion under Section 97-3-82 is graded by value and target: under $500 is a misdemeanor (county jail up to 6 months), while $500 or more — or any intangible reward, favor, or advantage — is a felony up to 15 years, and extorting a public official acting in official capacity carries 2 to 20 years regardless of value. Threats to accuse of a crime, injure person or property, or expose non-public information to humiliate qualify. Sexual extortion (Walkers Law) is a separate offense at Section 97-3-119.
MissouriMo. Rev. Stat. § 570.030 (stealing — includes appropriating property by coercion); Mo. Rev. Stat. § 573.112 (threats to distribute intimate images)Stealing graded by value: under $150 (first offense) = class D misdemeanor; under $750 = class A misdemeanor; $750 or more = class D felony; $25,000 or more = class C felony; intimate-image threats (§ 573.112) = class E felonyClass C felony: 3 to 10 years; class D felony: up to 7 years; class E felony (§ 573.112): up to 4 years; misdemeanors: up to 1 yearMissouri has no standalone theft-by-extortion statute: stealing (Section 570.030) covers appropriating property by means of coercion or deceit, and the grade follows the value taken — $750 or more is a felony. Threatening to distribute intimate images to obtain anything of value is separately a class E felony under Section 573.112.
MontanaMont. Code § 45-6-301 (theft — includes obtaining property by threat)Theft graded by value: $1,500 or less = misdemeanor (up to 6 months, $1,500 fine); over $1,500 = felony (up to 10 years, $50,000 fine)Misdemeanor: up to 6 months + $1,500 fine; felony: up to 10 years + $50,000 fineMontana has no standalone extortion statute; extortionate takings are prosecuted as theft (Section 45-6-301), which covers obtaining property by threat of bodily injury, criminal accusation, property damage, or exposure. Grading follows the value taken — over $1,500 is a felony carrying up to 10 years.
NebraskaNeb. Rev. Stat. § 28-513 (theft by extortion); § 28-518 (grading by value)Graded as theft by value: $500 or less = Class II misdemeanor; $500 to $1,499 = Class I misdemeanor; $1,500 to $4,999 = Class IV felony; $5,000 or more = Class IIA felonyClass IIA felony: up to 20 years; Class IV felony: up to 2 years + $10,000 fine; Class I misdemeanor: up to 1 year; Class II misdemeanor: up to 6 monthsNebraska treats extortion as theft by extortion (Section 28-513), graded by the value obtained under Section 28-518. Low-value extortion can land as a misdemeanor, but $1,500 or more is a felony — and $5,000 or more is a Class IIA felony carrying up to 20 years. Threats to cause physical injury, damage property, accuse of a crime, expose a secret, or take/withhold official action qualify.
NevadaNRS § 205.320 (extortion); NRS § 200.780 (extortion involving threats to distribute images of the private area of the body)Category B felony (extortion: 1 to 10 years + fine up to $10,000); intimate-image extortion (NRS 200.780): category D felony (1 to 4 years + fine up to $5,000)1 to 10 years for category B felony extortion + fine up to $10,000; intimate-image extortion: 1 to 4 years + fine up to $5,000Nevada extortion under NRS 205.320 is a category B felony with a 1 to 10 year range and a fine of up to $10,000. Threatening to distribute an image of the private area of another person to obtain anything of value is separately a category D felony under NRS 200.780 (1 to 4 years, fine up to $5,000).
New HampshireRSA §§ 637:5, 637:11, 651:2Class A felony for value over $1,500 or other § 637:11(I) triggers. Class B for value over $1,000 through $1,500, specified injury/confinement threats or other subsection II triggers. A misdemeanor tier remains when no felony trigger applies.Ordinary maxima: Class A felony, 15 years; Class B felony, 7 years; Class A misdemeanor, 1 year. Special provisions can change the sentence; a 3½-year minimum is not required for every Class B offense.Section 637:11(II)(c) identifies the threats in § 637:5(II)(a) or (b), not every form of extortion. For example, a low-value taking by a different listed threat is not automatically a Class B felony. Check value, weapons, qualifying prior convictions and the other grading conditions together.
New JerseyN.J.S.A. 2C:20-5 (extortion); N.J.S.A. 2C:13-5 (criminal coercion)Second-degree crime (theft by extortion, 5 to 10 years); criminal coercion (2C:13-5) is a fourth-degree crime (up to 18 months) — a third-degree crime when the threat is to commit a crime more serious than one of the fourth degree5 to 10 years for second-degree extortion; up to 18 months for fourth-degree criminal coercion (3 to 5 years if it rises to third degree)New Jersey grades theft by extortion (2C:20-5) as a second-degree crime punishable by 5 to 10 years, regardless of value. Criminal coercion (2C:13-5) is the lower-tier offense: a fourth-degree crime unless the threat is to commit a crime more serious than one of the fourth degree, which makes it a third-degree crime.
New MexicoN.M. Stat. § 30-16-9 (extortion)Third-degree felonyUp to 3 years imprisonment + $5,000 fine (basic sentence for a third-degree felony, § 31-18-15)New Mexico extortion under Section 30-16-9 covers threats to (a) cause unlawful injury to any person or property, (b) accuse anyone of a crime, (c) subject anyone to hatred, contempt, or ridicule by exposing a deformity, (d) expose a secret, or (e) kidnap anyone or hold anyone as a hostage. As a third-degree felony the basic sentence is 3 years plus a $5,000 fine under Section 31-18-15.
New YorkN.Y. Penal § 155.05(2)(e) (larceny by extortion); § 155.30 et seq. (grand larceny grading); § 135.60 (coercion); § 135.65 (coercion in the second degree); § 200.10 (bribery)Larceny by extortion is grand larceny in the fourth degree (Class E felony) regardless of value (§ 155.30(6)); a threat of physical injury or certain other aggravating threats makes it grand larceny in the second degree (Class C, § 155.40(2)); higher values raise the class (over $3,000 = Class D; over $50,000 = Class C; over $1 million = Class B); simple coercion (§ 135.60) is a Class A misdemeanor; coercion in the first degree (§ 135.65) is a Class E felonyUp to 4 years (Class E), up to 15 years (Class C), up to 25 years (Class B) for grand larceny by extortion; up to 1 year for the coercion misdemeanorNew York folds extortion into larceny (Penal 155.05(2)(e)). Extortion is always grand larceny: Section 155.30(6) makes larceny by extortion grand larceny in the fourth degree (Class E felony) regardless of the amount, and Section 155.40(2) makes extortion that includes a threat of physical injury (or certain other aggravating means) grand larceny in the second degree (Class C). Higher values raise the class: over $3,000 = Class D, over $50,000 = Class C, over $1 million = Class B. Simple coercion (135.60) is a Class A misdemeanor; coercion in the first degree (135.65) is a Class E felony.
North CarolinaN.C. Gen. Stat. § 14-118.4 (extortion); N.C. Gen. Stat. § 14-118 (blackmail — written demand with menaces)Class F felony (extortion, § 14-118.4); § 14-118 blackmail is a Class 1 misdemeanorClass F felony: maximum punishment of 59 months under the structured sentencing grid; Class 1 misdemeanor: up to 45 daysNorth Carolina's true extortion offense is Section 14-118.4 — a Class F felony with a maximum punishment of 59 months. The older Section 14-118 covers blackmail by written demand with menaces and is only a Class 1 misdemeanor. Threats to accuse of a crime, injure person or property, or take/withhold official action qualify under Section 14-118.4.
North DakotaN.D.C.C. § 12.1-23-01 (theft, including by threat); N.D.C.C. § 12.1-23-05 (grading)Class C felony when the value exceeds $100 or the threat seeks a public servant's official action; takings of $100 or less fall below the felony tiersUp to 5 years + $10,000 fine (Class C felony)North Dakota consolidates extortion into its theft statute (Section 12.1-23-01). Theft accomplished by threat is a Class C felony (up to 5 years, $10,000) whenever the value exceeds $100 or the threat targets a public servant's official action; smaller-value takings grade below the felony tiers. Threats to cause bodily injury, damage property, accuse of a crime, or expose a secret all qualify.
OhioOhio Rev. Code § 2905.11 (extortion); Ohio Rev. Code § 2905.12 (coercion)Felony of the third degree (extortion, § 2905.11); sexual extortion is a separate offense graded at higher felony levels under § 2905.11(C)–(E); coercion (§ 2905.12) is a first-degree misdemeanor9 to 36 months (F-3 extortion); sexual extortion: higher felony grades under § 2905.11(C)–(E)Ohio extortion under ORC 2905.11 is a felony of the third degree (9 to 36 months). The threat must be to cause physical injury, damage property, accuse of a crime, expose a secret, or take/withhold official action. Sexual extortion is a separate, higher-graded offense under Section 2905.11(C) through (E). Coercion (2905.12) is a first-degree misdemeanor.
Oklahoma21 Okla. Stat. §§ 1481–1485 (extortion)Felony: extortion punishable by up to 5 years (§ 1482); attempted extortion up to 2 years (§ 1483); obtaining a benefit under color of official right is a misdemeanor (§§ 1484–1485)Up to 5 years for extortion; up to 2 years for attempted extortionOklahoma's extortion articles (21 O.S. §§ 1481–1485) make extortion a felony punishable by imprisonment up to 5 years, with attempted extortion capped at 2 years. Obtaining property under color of an official right is graded as a misdemeanor. Threats to accuse of a crime, injure person or property, or expose a secret qualify.
OregonO.R.S. § 164.075 (extortion); O.R.S. § 163.275 (coercion)Class B felony (extortion); Class C felony (coercion)Up to 10 years (Class B felony); up to 5 years (Class C felony coercion)Oregon extortion under Section 164.075 is a Class B felony. Coercion is a separate Class C felony (ORS 163.275 — not 164.077, which is often mis-cited). Qualifying threats include physical injury, property damage, criminal accusation, exposure of a secret — including a person's immigration status — and withholding official action or testimony.
Pennsylvania18 Pa.C.S. §§ 3923, 3903, 1103, 1104Theft by extortion is at least a first-degree misdemeanor when no felony rule applies. Felony grading includes value over $2,000 (third degree), $100,000 to under $500,000 (second degree), and $500,000 or more (first degree), with property-specific rules.Ordinary maxima: first-degree misdemeanor, 5 years; third-degree felony, 7 years; second-degree felony, 10 years; first-degree felony, 20 years. Applicable repeat-offense provisions require separate review.Section 3903(b)’s small-value reductions do not apply to a taking by threat; the floor is M1, not M2. A stolen motor-propelled vehicle is a third-degree trigger under (a.1), while a stolen firearm is a second-degree trigger under (a). Value aggregation and statutory exceptions matter. Section 3923(b)’s restitution/compensation defense applies only to specified threats and honestly claimed property.
Rhode IslandR.I. Gen. Laws § 11-42-2 (extortion and blackmail)Felony — imprisonment up to 15 years, or a fine up to $25,000, or bothUp to 15 years and/or a $25,000 fineRhode Island punishes extortion and blackmail under Section 11-42-2: imprisonment up to 15 years, a fine up to $25,000, or both. Threats to accuse of a crime, injure person or property, or expose a secret qualify.
South CarolinaS.C. Code § 16-17-640 (blackmail — covers extortion); S.C. Code § 16-15-430 (sexual extortion; aggravated sexual extortion — Gavins Law)Felony (blackmail/extortion: fine up to $5,000 or up to 10 years, or both); sexual extortion under Gavins Law is a separate felony with higher aggravated tiersUp to 10 years and/or a $5,000 fine (blackmail/extortion)South Carolina combines extortion and blackmail in one statute (Section 16-17-640): accusing anyone of a crime, exposing or publishing personal or business acts, infirmities, or failings, or compelling any act against another's will — with intent to extort money or anything of value — is a felony (fine up to $5,000, up to 10 years, or both). Sexual extortion and aggravated sexual extortion are separate felonies under Gavins Law (Section 16-15-430).
South DakotaS.D. Codified Laws § 22-30A-4 (theft by threat, including extortion); § 22-30A-15 (single larceny rule); § 22-30A-17 (grading)Graded as theft by value: grand theft at $1,000 or more is a felony — Class 4 felony in the $5,000 to $100,000 range (up to 10 years) and Class 3 felony at $100,000 or more; $400 to $999 = Class 1 misdemeanor; under $400 = Class 2 misdemeanorUp to 10 years (Class 4 felony grand theft); up to 15 years (Class 3 felony tier); up to 1 year (Class 1 misdemeanor)South Dakota grades theft by threat — which includes extortionate takings under the single-larceny rule — by value under Section 22-30A-17: grand theft at $1,000 or more is a felony (Class 4 in the $5,000 to $100,000 range, up to 10 years; Class 3 at $100,000 or more), while $400 to $999 is a Class 1 misdemeanor and smaller takings a Class 2 misdemeanor.
TennesseeTenn. Code § 39-14-112 (extortion)Class D felony (extortion — flat grade, not graded by amount)2 to 12 years (Class D felony)Tennessee extortion under Section 39-14-112 is a flat Class D felony punishable by 2 to 12 years, not graded by the amount taken. The threat must be to accuse of a crime, injure person or property, expose a secret, or take/withhold official action.
TexasTex. Penal Code § 31.03 (theft by coercion, per § 31.01); Tex. Penal Code § 36.03 (coercion of public servant or voter); Tex. Penal Code § 21.16 (unlawful disclosure or promotion of intimate visual material)Theft graded by amount (Class C misdemeanor up to first-degree felony for $300,000+); coercion of public servant or voter: Class A misdemeanor — third-degree felony if the threat is to commit a felony (§ 36.03); threatening to disclose intimate visual material to obtain a benefit: state jail felony (§ 21.16(c))Theft: Class C misdemeanor (under $100) up to life for $300,000+ (first-degree felony); coercion of public servant: up to 1 year (Class A misdemeanor) or 2 to 10 years (third-degree felony); Section 21.16(c) intimate-image threat: 180 days to 2 years state jail + $10,000 fineTexas treats extortionate takings as theft under Penal Code 31.03, with coercion defined in Section 31.01 — grading follows the value taken ($2,500 to under $30,000 is a state jail felony, rising to first-degree felony at $300,000 or more). Coercion of a public servant or voter is a separate Class A misdemeanor under Section 36.03 (third-degree felony if the threat is to commit a felony). Threatening to disclose intimate visual material to obtain a benefit is a state jail felony under Section 21.16(c), and sexual coercion is a separate offense under Section 21.18.
UtahUtah Code § 76-6-406 (theft by extortion); Utah Code § 76-8-509 (extortion and bribery to dismiss a criminal proceeding)Second-degree felony if the value is $5,000 or more, or the property extorted is a firearm, an operable motor vehicle, or taken from a person; third-degree felony for $1,500 to $4,999; class A misdemeanor for $500 to $1,499; class B misdemeanor under $500; extortion/bribery to dismiss a criminal proceeding (§ 76-8-509): second-degree felonySecond-degree felony: 1 to 15 years; third-degree felony: up to 5 years; class A misdemeanor: up to 1 yearUtah grades theft by extortion (Section 76-6-406) by value and by what is taken: $5,000 or more — or a firearm, an operable motor vehicle, or property taken from a person — makes it a second-degree felony; $1,500 to $4,999 is a third-degree felony; smaller takings drop to class A or class B misdemeanors. Threatening injury, libel, or exposure to obtain the dismissal of a criminal proceeding is a separate second-degree felony under Section 76-8-509.
Vermont13 V.S.A. § 1701 (extortion)Felony — imprisonment up to 3 years, or a fine up to $500, or bothUp to 3 years imprisonment or up to $500 fine, or bothVermont extortion under 13 V.S.A. Section 1701 is punishable by imprisonment of up to 3 years or a fine of up to $500, or both. Threats to accuse of a crime, injure person or property, or expose a secret with intent to gain a benefit qualify. Threatening to injure someone without a demand for anything of value is the separate crime of criminal threatening (§ 1702).
VirginiaVa. Code § 18.2-59 (extortion by threat of injury to person, property, or character); Va. Code § 18.2-386.1 (unlawful filming/sexual extortion)Class 5 felony (extortion): 1 to 10 years, or up to 12 months in jail + $2,500 fine at the court's discretion (per § 18.2-10); felony (sexual extortion)1 to 10 years, or at the court's discretion up to 12 months in jail + $2,500 fine (§ 18.2-10)Virginia extortion under Section 18.2-59 is a Class 5 felony: the court may punish with 1 to 10 years in prison, or instead with up to 12 months in jail and a $2,500 fine (Section 18.2-10). Threats to injure person, property, or reputation, or to accuse of a crime, all qualify. Sexual extortion is separately codified as a felony.
WashingtonRCW § 9A.56.120 (extortion in the first degree); RCW § 9A.56.130 (extortion in the second degree); RCW § 9A.56.110 (definition of threat)Class C felony (extortion second degree — the remaining wrongful threats); Class B felony (extortion first degree — threats of force, injury, or property damage)Up to 5 years (Class C felony); up to 10 years (Class B felony)Washington grades extortion in two degrees. First degree (§ 9A.56.120, Class B felony) covers threats to cause bodily injury, physical damage to property, or physical confinement. Second degree (§ 9A.56.130, Class C felony) covers the remaining wrongful threats — accusing of a crime, exposing a secret or deformity, harming health, safety, business, or reputation, withholding testimony, or taking/withholding official action.
West VirginiaW. Va. Code § 61-2-13 (extortion by threat of injury to person, property, or character)Felony: 1 to 5 years if money, property, or a benefit is obtained; if nothing of value is obtained, 2 to 12 months in jail + $50 to $500 fine1 to 5 years when value is obtained; otherwise 2 to 12 months in jail + $50 to $500 fineWest Virginia extortion under Section 61-2-13: obtaining money, property, or any benefit by threats to injure person, property, or character, or accuse of a crime, is a felony punishable by 1 to 5 years. If nothing of value is obtained, the penalty drops to 2 to 12 months in jail plus a $50 to $500 fine.
WisconsinWis. Stat. § 943.30 (threats to injure or accuse); Wis. Stat. § 943.31 (threats to communicate derogatory information)Class H felony (§ 943.30 — threats to injure, accuse, or expose); Class I felony (§ 943.31 — threats to communicate derogatory information, even if true)Class H felony: up to 6 years + $10,000 fine; Class I felony: up to 3.5 years + $10,000 fineWisconsin extortion — threats to injure or accuse (Section 943.30) — is a Class H felony covering threats of bodily harm, criminal accusation, property damage, or exposure; every subsection of Section 943.30 is a Class H felony. Threats to communicate derogatory information about a person — including truthful information (Section 943.31) — are a Class I felony.
WyomingWyo. Stat. § 6-2-402 (blackmail — expressly includes extortion)Felony: blackmail punishable by up to 10 years; aggravated blackmail (inflicting bodily injury while carrying out the threat) = 5 to 25 yearsUp to 10 years (blackmail); 5 to 25 years (aggravated blackmail)Wyoming's statute is titled Blackmail (Section 6-2-402) but expressly reaches extortion — accusing anyone of a crime, threatening injury to person or property, or exposing a secret — with a felony penalty of up to 10 years regardless of the amount taken. If the offender inflicts bodily injury while carrying out the threat, aggravated blackmail carries 5 to 25 years.
District of ColumbiaD.C. Code § 22-3251 (extortion); D.C. Code § 22-3252 (blackmail)Felony (extortion: up to 10 years); blackmail (threats to accuse of a crime, expose a secret, or injure person, property, or reputation): up to 5 yearsExtortion: up to 10 years or a fine under § 22-3571.01, or both; blackmail: up to 5 yearsThe District of Columbia is included for completeness in state-by-state comparisons. D.C. Code Section 22-3251 makes extortion — obtaining property by actual or threatened force or violence, wrongful threat of economic injury, or under color of official right — a felony with a 10-year cap. Blackmail (Section 22-3252 — threats to accuse, expose, or injure reputation) is a separate 5-year offense. Federal statutes (18 USC 872, 875, 1951 Hobbs Act) apply to conduct in the District and often carry higher maximums.

Start With the Charging Document

Record the court, case number, statute and subsection, each count, incident date, location and next court date. Copy the wording of the allegation accurately. A police description, news headline and filed charge may use different terms. Ask counsel which version of the law applies to the incident date.

Use three separate questions: What must the prosecution prove? What criminal punishment is authorized for this count? What other deadlines or consequences need attention? A state-table maximum does not answer all three.

Identify the Threat, Demand and Result

Prepare a factual timeline: What exactly was said or sent? Who received it? What was demanded—money, property, services, an official act or other conduct? Was anything actually transferred or withheld? What evidence shows the alleged intent? Identify what you know firsthand and what is someone else’s account.

The statutes differ. The Hobbs Act defines extortion around obtaining property through the specified wrongful means or official right. Arizona expressly includes seeking to obtain property or services; Colorado’s provision also reaches specified attempts to compel conduct. Do not treat every coercive act as completed Hobbs Act extortion or assume that all state offenses require a completed payment.

Federal Threats: The Subsection Changes the Penalty

Under 18 U.S.C. § 875, subsection (a) concerns a ransom/reward communication for a kidnapped person and has a twenty-year maximum; (b) concerns specified kidnapping or personal-injury threats with intent to extort and also has a twenty-year maximum. Subsection (c) concerns kidnapping or personal-injury threats and has a five-year maximum; (d) concerns specified property, reputation or accusation threats with intent to extort and has a two-year maximum. The required interstate or foreign communication and other elements still matter.

Section 876 governs specified Postal Service communications. Its ordinary maxima are twenty years under (a)/(b), five under (c) and two under (d). Subsections (c) and (d) each include a ten-year tier when addressed to the specified federal judge, officer or covered official. Section 877 separately concerns communications mailed from a foreign country for delivery in the United States.

A two-year maximum under federal law is a Class E felony under § 3559(a). The fact that a message used a phone or the internet does not establish every element of any one charge, and § 875(c) is not a catch-all provision for threats to publish an intimate image.

Blackmail, Truthful Information and a Claimed Debt

Federal § 873 covers demanding or receiving money or another valuable thing under a threat of reporting a violation of U.S. law, or in return for not reporting it; its maximum is one year. It does not establish the punishment for every threat to expose a private secret. Different federal or state charges require their own elements.

A statement can be true and still be part of an unlawful threat. Conversely, a demand for payment does not by itself establish extortion. Some states have specific, limited claim-of-right or restitution defenses. Pennsylvania § 3923(b), for example, limits its defense to specified threats and honestly claimed restitution, indemnification or compensation. Preserve the underlying agreement and communications for counsel; do not assume that being owed money authorizes any method of collecting it.

The Hobbs Act and Official-Right Extortion

The Hobbs Act, 18 U.S.C. § 1951, has a twenty-year maximum and addresses interference with commerce through robbery or extortion, attempts, conspiracy and specified related violence. Its extortion definition includes obtaining property with consent induced by wrongful force, violence or fear, or under color of official right. The commerce element is one requirement; an electronic payment or a business connection does not prove the whole offense.

Federal § 872 separately concerns extortion or attempted extortion under color or pretense of federal office or employment, including pretending to hold that position. It has a three-year maximum, reduced to one year when the amount demanded or extorted does not exceed $1,000. State official-right provisions and bribery laws are distinct: California § 521, for instance, is a misdemeanor only where no different punishment is prescribed in the code. Do not infer a uniform felony, forfeiture or removal rule from the person’s job title.

An Unpaid Demand Can Still Matter

Whether the person paid is relevant, but nonpayment is not a universal defense. Some laws punish the threat or an attempt. California § 523(a), for example, punishes the specified written extortionate threats as if the property or other consideration had actually been obtained; § 524 addresses attempted extortion separately. Massachusetts § 25 also addresses malicious threats with the required intent.

Ask which completed offense, attempt or communication count is actually alleged. Keep evidence of the demand and response as well as any transaction; a zero-dollar payment history does not resolve the legal analysis.

Sextortion, Image Publication and Ransomware

Threatening to release an intimate image, publishing that image, demanding sexual conduct and interfering with a computer are different acts that may raise different charges. The victim’s age, the demand, the image’s creation, the threat and the applicable jurisdiction matter. There is no single nationwide sextortion sentence or automatic combination of charges.

Florida illustrates the distinction: § 836.05 addresses extortion, while § 784.049 addresses sexual cyberharassment and includes publication or dissemination, prior-conviction and financial-gain rules. Kansas’s signed 2026 HB 2479 changes the scope of specified recording threats while retaining the level 7/4 blackmail grades. Read the actual conduct and effective version rather than assuming an image offense applies to every case.

For computer-related demands, federal § 1030(a)(7) specifies threats or demands concerning a protected computer with intent to extort and an interstate or foreign communication. California § 523(b) separately addresses introducing ransomware with extortionate intent. These provisions do not justify assuming that every online dispute qualifies or that sentences automatically add together.

If You Are Accused or Charged

Contact a criminal defense lawyer promptly and keep every court appearance or response deadline. If you cannot afford representation, ask the court about appointed counsel, eligibility and the application process. A civil legal-aid directory is not a promise of criminal defense. If federal charges are filed, ask about the federal defender process.

Before discussing the allegations with investigators, ask for legal advice about your rights and response. Preserve original messages, account details, transaction records, demands and relevant agreements; do not alter evidence or ask anyone to change an account. Follow any court order and ask counsel about contact with the complainant. A referral or consultation does not mean a lawyer has accepted the case.

For the consultation, bring a list of all counts, the alleged demand and transfer, the exact threat, known prior convictions, and the next deadline. Confirm who will handle each deadline and which tasks the fee covers. Do not post private case materials online to obtain a classification.

If Someone Is Threatening or Blackmailing You

For immediate danger, call 911. For financially motivated sextortion, the FBI directs victims to local law enforcement, an FBI field office, 1-800-CALL-FBI or its online tip channel. Its guidance recommends getting help before sending money or more images, saving the account/profile and messages, and using platform reporting and blocking tools. Paying does not guarantee that images will stay private.

If you are a minor, tell a trusted adult. Keep the threatening messages and account information; do not download or redistribute sexual images of a child to assemble a report. Ask the reporting agency how to handle any material already present. A report or removal request does not guarantee an investigation, recovery or deletion of every copy. The FBI’s linked victim resources explain available support; you do not need to decide the felony classification before seeking help.

Ask About Sentencing and Other Consequences Separately

Have counsel identify the ordinary range, any mandatory or nonsuspendable term, alleged enhancements, separate counts, fines, restitution and supervision. A statutory maximum is not a forecast, and a sentence imposed is not necessarily time actually served. State labels also differ: Pennsylvania authorizes up to five years for a first-degree misdemeanor.

Ask specifically about immigration, firearms, licensing, employment screening, record relief and any registration question that is relevant to you. The title “extortion” alone does not establish automatic removal, a crime-of-violence enhancement, permanent loss of every license or sex-offender registration. Iowa § 711.4(4), for example, ties registration to a specified sexual-motivation determination. If you are not a U.S. citizen, ask defense counsel to coordinate with qualified immigration counsel before a plea.

A useful written follow-up is: “Please confirm the exact charge and law version, the facts that change its grade, the sentencing calculation, my next deadline, and who is responsible for it.” Keep the answer with the court papers and update it if the charge changes.

Frequently Asked Questions

Is extortion always a felony?
No. The jurisdiction and exact subsection control. Federal § 873 is a one-year blackmail offense; Hawaii retains third-degree misdemeanor extortion, and other provisions can raise the grade. Do not use the everyday word “extortion” to predict a charge or sentence.
Is a federal extortion offense with a two-year maximum a misdemeanor?
No. Under 18 U.S.C. § 3559(a), a maximum of more than one year but less than five years is a Class E felony. That includes § 875(d) and the ordinary § 876(d) tier. This federal classification rule should not be applied as a universal rule for state misdemeanor labels.
Does using the internet automatically make a case federal?
No. A federal charge must meet the elements of the specific federal statute. A communication or payment alone does not establish the required threat, intent, property or commerce elements of every possible offense.
Can it be extortion if no one paid?
Yes, depending on the provision. Some offenses cover seeking payment, threats or attempts. California § 523(a) addresses specified written threats with extortionate intent even without a completed transfer. Identify the actual count rather than assuming nonpayment resolves it.
What if the information was true or the money was owed?
Truth does not automatically make an extortionate threat lawful. A claimed debt also does not authorize every collection method. Some statutes have limited defenses, such as Pennsylvania § 3923(b); their conditions and the precise threat need legal review.
Does sextortion have one standard felony sentence?
No. The threat, demand, age, image-related conduct and jurisdiction can lead to different offenses and penalties. Publication of an image and a threat to publish it are not interchangeable statutory acts. The filed subsection and its elements determine the analysis.
Is extortion by a public official always a felony?
No. Federal § 872 has a one-year tier when the amount demanded or extorted does not exceed $1,000, and California § 521 has a conditional misdemeanor rule. Other provisions, including the Hobbs Act or bribery laws, have separate requirements and penalties.
What should I bring to a criminal defense consultation?
Bring the charging papers, all counts and subsections, incident date and location, exact messages, demand and payment records, relevant agreements, court orders and next deadline. Ask which law version applies, what changes the grade, what sentencing rules apply and whether the lawyer has accepted responsibility for the case.
Where can I seek help if I am being blackmailed?
Call 911 for immediate danger. For financially motivated sextortion, the FBI provides reporting routes through local law enforcement, field offices, 1-800-CALL-FBI and its online tip channel. Preserve threatening messages and account information, seek help before sending money or more images, and tell a trusted adult if you are a minor.

Helpful Resources

  • Find a lawyer

    ABA guidance on finding counsel, assessing fit and asking about representation. A referral does not mean a lawyer has accepted your case.

  • Federal defender services

    Learn about representation for eligible people in federal criminal proceedings. Ask the court about appointment and financial eligibility.

  • FBI sextortion reporting and victim support

    Reporting routes and practical steps for people facing financially motivated sextortion. This is not an emergency dispatch service.

Disclaimer: This is general legal information only, not legal advice. Laws vary by state and jurisdiction. Criminal classifications, penalties, and procedures differ depending on where the offense occurred and the specific facts of the case. For advice about your specific situation, consult a licensed criminal defense attorney. If you cannot afford an attorney, you may be entitled to a public defender — ask the court how to apply. For separate civil issues such as housing or benefits, a civil legal aid organization may be able to help, subject to eligibility and capacity. Use the court’s appointed-counsel process for a criminal defense request.

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