Is Extortion a Felony? Blackmail, Coercion, Hobbs Act, and Penalties by State (2026)

Yes, extortion is a felony in nearly every U.S. jurisdiction. The single biggest federal exception is 18 U.S.C. § 873, which makes blackmail (demanding money for non-disclosure of a federal law violation) a one-year misdemeanor. The other narrow misdemeanor zones are: low-value federal official extortion under § 872 when the amount is $1,000 or less; the lowest interstate-threats tier under § 875(d) and § 876(d) (two years for property or reputation threats in aid of extortion); and a few states (Minnesota, and amount-graded states like Connecticut and Pennsylvania) where small-value or non-injury extortion lands as a misdemeanor. Everything else — injury threats, blackmail, property-damage threats, public-official extortion, sextortion, Hobbs Act extortion, and ransomware — is a felony, frequently with sentences in the two-to-twenty-year range.

Extortion is the obtaining of property, a benefit, or an official act from another person, with their consent, where that consent is induced by a wrongful threat. The Model Penal Code definition (§ 223.4) and the federal Hobbs Act definition (18 U.S.C. § 1951(b)(2)) both track this core: the wrongfulness is in the threat, not in the taking of consent itself. Because the victim technically consents, extortion is distinct from robbery (where taking is against the will) and from theft by deception (where the victim is misled rather than coerced). Extortion is also distinct from bribery, though public-official extortion under color of official right overlaps with bribery — in bribery both parties agree; in extortion the official demands payment as the price of doing (or not doing) what he is already duty-bound to do. Most states classify extortion inside their theft or larceny statutes (theft by extortion), so the grade often tracks the value taken; a smaller group puts it in a standalone extortion or intimidation statute.

Extortion requires a wrongful threat. The recognized threat categories, drawn from state penal codes and the Model Penal Code, are: (1) threat to commit a criminal offense (often a forcible felony or offense against the person); (2) threat to cause bodily injury or death; (3) threat to accuse anyone of a criminal offense or to expose a secret tending to subject anyone to hatred, contempt, or ridicule; (4) threat to expose a secret or publish a defamatory statement; (5) threat to injure property or to take or withhold official action; (6) threat to withhold testimony, information, or a record in an official proceeding; (7) threat to testify falsely or provide misleading information; (8) threat to withhold a record or benefit, or to take official action against someone; (9) threat to cause a strike, boycott, or other collective action (where the threat is wrongful because it is for the personal benefit of the extortionist rather than a legitimate labor objective — the Hobbs Act context). The threat need not be carried out; the offense is complete when the threat is made with intent to obtain property or a benefit. A threat to do something one has a lawful right to do (e.g., file a truthful police report, sue in good faith) is generally not wrongful unless it is used to extract a private benefit beyond legitimate restitution.

Blackmail is the form of extortion where the threat is to expose a secret, publish a defamatory statement, or accuse someone of a crime. The puzzle of blackmail law is that the underlying conduct (revealing true information, filing a truthful accusation) is often lawful on its own; the crime is in conditioning non-disclosure on payment. Most states fold blackmail into the same extortion statute, so it carries the same felony grade. Federally, 18 U.S.C. § 873 makes it a specific one-year misdemeanor to demand or receive money under a threat of informing — or as a consideration for not informing — against any violation of U.S. law. That low federal grade is the exception, not the rule; in practice federal prosecutors charge blackmail-adjacent conduct under § 875(d) (two years), the Hobbs Act (twenty years), or wire fraud (twenty years) when the facts support those theories. State penal codes (e.g., New York Penal § 155.05(2)(e), California Penal Code § 519, Texas Penal § 31.03) treat the exposure threat as a full-fledged felony extortion count.

Federal extortion law is a patchwork. 18 U.S.C. § 872 reaches a federal officer or employee (or someone pretending to be one) who commits or attempts extortion under color or pretense of office: up to three years, dropping to one year when the amount does not exceed $1,000. 18 U.S.C. § 873 makes it a one-year misdemeanor to demand or receive money under a threat of informing — or as a consideration for not informing — against any violation of U.S. law; this is the only federal extortion-style misdemeanor. 18 U.S.C. § 875 reaches interstate communications (by wire, radio, or other interstate means): subsection (a) for ransom/reward for release of a kidnapped person — twenty years; subsection (b) for threats to kidnap or injure with intent to extort — twenty years; subsection (c) for any true threat to kidnap or injure — five years; subsection (d) for threats to injure property or reputation or accuse of a crime with intent to extort — two years. 18 U.S.C. § 876 mirrors § 875 for mailed threatening communications and adds enhanced ten-year caps when the target is a federal judge, federal law enforcement officer, or official covered by § 1114. 18 U.S.C. § 877 covers the same conduct deposited in foreign post offices. The Hobbs Act, 18 U.S.C. § 1951, is the principal federal extortion tool: it punishes anyone who in any way or degree obstructs, delays, or affects commerce by robbery or extortion, with extortion defined as obtaining property from another with consent induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. The Hobbs Act max is twenty years. The commerce element is read very broadly — a single transaction by a local business, an out-of-state payment, or even a threat to a business whose supplies cross state lines has been held sufficient.

Sextortion is the threat to release nude or sexually explicit images, videos, or webcam captures unless the victim pays money, produces additional images, submits to sexual contact, or takes some other action. Sextortion is charged in multiple ways: under state sexual-exploitation, revenge-porn, and extortion statutes; under 18 U.S.C. § 875(c) for interstate true threats (five years); under the Hobbs Act (twenty years) when the threat affects commerce; under 18 U.S.C. § 2421 (Mann Act, ten years) when the threat is to cause the victim to travel in interstate commerce for sexual activity; and, when minors are involved, under 18 U.S.C. § 2251 (production of child sexual abuse material, fifteen-year minimum) and § 2252/§ 2252A (receipt/distribution, five-year minimum). Cyber-extortion and ransomware are charged under 18 U.S.C. § 1030 (Computer Fraud and Abuse Act), the Hobbs Act, 18 U.S.C. § 1952 (interstate travel in aid of racketeering), and the § 875/§ 876 threats statutes. State computer-crime and extortion statutes typically stack on top, and many states (California, Texas, Florida, New York, Illinois) have specific aggravated penalties for ransomware against critical infrastructure, government, or healthcare providers. The trend across all 51 jurisdictions is to grade both sextortion and ransomware as felonies with sentencing ranges that exceed ordinary extortion because of the privacy, safety, and infrastructure harms involved.

Public-official extortion comes in two forms: (1) the official who demands payment as the price of doing (or refraining from) an official act — color-of-official-right extortion under the Hobbs Act and 18 U.S.C. § 872 — and (2) the private actor who coerces an official to take or withhold an official act. Under the Supreme Court decision in Evans v. United States (1992) and McDonnell v. United States (2016), color-of-official-right extortion does not require an explicit quid pro quo for the official to commit a crime; acceptance of a benefit the official is not entitled to, knowing it is given in exchange for official action or inaction, is sufficient. State statutes typically place public-official extortion inside their bribery code (e.g., New York Penal Article 200, California Penal Code §§ 67/68, Texas Penal Code § 36.02). Grading is felony throughout; for example, New York bribery in the third degree (Class D felony, up to seven years) through first degree (Class B felony, up to twenty-five years), California Penal Code § 68 (felony, two/three/four years), and federal § 872 (three years, or one year for $1,000 or less). Public-official extortion also exposes the official to forfeiture, removal, and federal honest-services fraud charges under 18 U.S.C. § 1343/§ 1346.

An extortion conviction can carry consequences beyond the imposed sentence. Crime of violence: under U.S.S.G. § 4B1.2 and 18 U.S.C. § 924(c)(3), extortion by force or threat of force can qualify as a crime of violence or felony for sentencing-enhancement purposes, although the residual clause analysis is now narrower after Davis v. United States (2019); Hobbs Act extortion under color of official right is generally not a crime of violence. Immigration: under 8 U.S.C. § 1101(a)(43), an aggravated felony includes theft offenses (including extortion graded as theft) with a sentence of one year or more, and offenses involving fraud or deceit where the loss exceeds $10,000; an extortion conviction can therefore trigger deportation, removal, and permanent inadmissibility for non-citizens. Three-strikes: in states like California (Penal Code § 667(e)(2)), Washington (RCW 9.94A), Texas (Penal Code § 12.42), and Florida (§ 775.084), a serious or violent felony extortion conviction can double or triple the sentence and can convert a subsequent offense into a life term. Firearms: 18 U.S.C. § 922(g)(1) bars felons from possessing firearms, so any felony extortion conviction triggers federal firearms disability. Professional licensure, public employment, and security clearances are typically revoked or denied on the basis of a felony extortion conviction. Sextortion convictions carry sex-offender registration requirements in most states when minors are involved and increasingly for adult victims as well.

If you are charged with extortion — state or federal — treat it as a serious felony even if the charging document lists a misdemeanor grade, because prosecutors frequently stack enhancement theories (Hobbs Act commerce, wire fraud, CFAA, sex-offense predicates) that can multiply the sentencing exposure. Do not make further statements to law enforcement, do not contact the alleged victim, do not delete any messages or social media posts, and do not pay any further demand; obstruction and tampering charges are routinely added in extortion cases. Retain counsel experienced in federal criminal practice if the conduct crossed state lines, used the mail, the internet, or a phone, or touched a regulated business — those facts almost always support federal Hobbs Act or § 875/§ 876 charges with higher statutory maximums. Document the value allegedly obtained and the precise wording of any threat; both drive grading. If the charge is sextortion or ransomware, expect parallel charges under computer-crime and sex-exploitation statutes and seek counsel with that specific experience. Pretrial diversion, restitution, and cooperation are sometimes available for first-time, low-value state extortion defendants, but federal extortion is rarely diverted. Every page on this site is informational only, not legal advice — retain a licensed attorney in the relevant jurisdiction for case-specific guidance.