In today’s hyperconnected world, blackmail doesn’t always come with a ransom note. A single email, text message, or social media DM can form the basis for a serious white-collar criminal charge—especially when it involves someone in a position of power.
At Simmons Wagner, LLP, we’ve seen a growing number of cases where alleged blackmail involves digital communications, personal relationships, and high-stakes reputations. Whether you’ve been accused or are trying to understand how the law defines this offense, it’s important to know what qualifies as blackmail—and how California treats it under criminal law.
What Is Considered Blackmail in California?
Under California law, blackmail is often prosecuted under statutes related to extortion—specifically Penal Code §518, which defines extortion as using threats to force someone to give up money, property, or to perform an act against their will.
The crime becomes blackmail when the threat involves revealing private, sensitive, or damaging information unless the victim complies with the demand.
Common Examples of Blackmail Include:
- Threatening to expose an affair unless the victim pays
- Demanding a promotion or money from a superior by threatening to leak confidential workplace information
- Using compromising photos, videos, or texts to manipulate or extort money
- Coercing a business executive with past misconduct details unless they approve a deal or favor
Even if the information you’re threatening to reveal is true, the act of using it to pressure someone into giving you money or a benefit is still considered blackmail—and it’s a felony in California.
Why Blackmail Is a White-Collar Crime
Although blackmail can involve personal matters, it often intersects with professional, political, or financial motives, which puts it in the realm of white-collar crime. These cases frequently involve:
- Power dynamics between employees and supervisors
- Public figures, such as politicians or celebrities
- Professional consequences, like threats involving licensure or public reputation
Because the stakes are high and often involve large sums of money or reputational harm, prosecutors take these allegations seriously—and so should you.
The Role of Digital Evidence
In modern blackmail cases, text messages, emails, DMs, and even deleted content often form the backbone of the prosecution’s case. However, digital evidence can be misleading or taken out of context.
At Simmons Wagner, LLP, we’ve successfully challenged blackmail charges by showing that:
- The messages were misinterpreted and not intended as threats
- There was no demand for money, services, or property
- The communication lacked criminal intent
- The alleged victim consented or initiated the conversation
Digital conversations can be full of nuance, and building a strong defense often means uncovering the full story behind a few cherry-picked screenshots.
Penalties for Blackmail in California
If convicted of extortion through blackmail, penalties can include:
- 2 to 4 years in state prison
- Substantial fines
- Restitution to the victim
- A permanent felony record
Aggravating factors, such as targeting a public official or using threats of violence, can lead to enhanced penalties.
Possible Defenses Against Blackmail Charges
Being accused of blackmail doesn’t make you guilty. Common defenses include:
- Lack of intent to extort
- No actual threat made
- The alleged threat was vague, non-coercive, or protected speech
- Consent or mutual agreement between parties
- False accusation or retaliatory complaint
In high-stakes cases, early legal intervention can make the difference between a resolved misunderstanding and a criminal conviction.
Accused of Blackmail? Don’t Face It Alone
Whether you’re involved in a personal dispute that turned legal or you’re being falsely accused due to a power struggle, blackmail charges demand serious legal support.
At Simmons Wagner, LLP, we represent clients throughout Southern California facing complex white-collar charges, including blackmail and extortion. Our team understands how to untangle digital evidence, assess intent, and protect your rights at every step.
Call (949) 439-5857 today for a confidential consultation and let us help you build a powerful defense.