Yes, blackmail is a crime in Florida. The state prosecutes it under its extortion statute, Section 836.05, as a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. The offense is complete the moment a malicious threat is made with intent to obtain money or force someone to act, whether or not the victim ever pays.1Florida Senate. Florida Statutes 836.05 – Threats; Extortion
How Florida Defines Blackmail
Florida does not use the word “blackmail” in its criminal code. The conduct falls under extortion, defined in Section 836.05 as a malicious threat, spoken or written, made with the intent to extract money, gain a financial advantage, or compel someone to do something against their will.1Florida Senate. Florida Statutes 836.05 – Threats; Extortion The statute reaches a wide range of threats, including threats to:
- Accuse someone of a crime, even one they actually committed.
- Cause physical injury or damage property.
- Expose a secret or damage someone’s reputation.
Two features of the law surprise people. First, the person making the threat does not need to be able to carry it out. A bluff still counts. Second, the truth of the underlying accusation is irrelevant. Threatening to reveal a real affair unless the victim pays is still extortion. What the statute punishes is the coercive use of the threat, not the accuracy of the information behind it.1Florida Senate. Florida Statutes 836.05 – Threats; Extortion
Because the offense turns on the threat and the intent behind it, the victim never has to hand over anything for the crime to be complete. Prosecutors need only prove that a malicious threat was communicated and that the person making it intended to obtain money or force action.
Penalties Under Florida Law
Standard extortion is a second-degree felony. The maximum exposure is:
- Up to 15 years in Florida State Prison.2Florida Senate. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
- A fine of up to $10,000.3Florida Senate. Florida Statutes 775.083 – Fines
- Probation, generally two years by default, though a judge can order longer.4The 2025 Florida Statutes. Florida Statutes 948.04 – Period of Probation; Duty of Probationer; Early Termination; Conversion of Term
Extortion sits at Level 6 out of 10 on Florida’s Criminal Punishment Code, which judges use to calculate sentences.5The 2025 Florida Statutes. Florida Statutes 921.0022 – Criminal Punishment Code; Offense Severity Ranking Chart Within the statutory range, prior record, the amount demanded, and the severity of the threats all move the needle.
The charge escalates to a first-degree felony, with up to 30 years in prison, if the person committing extortion is acting as a foreign agent for the benefit of a designated foreign country of concern.1Florida Senate. Florida Statutes 836.05 – Threats; Extortion2Florida Senate. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
How Long Prosecutors Have to File Charges
Extortion carries the standard three-year felony filing window in Florida.6The 2025 Florida Statutes. Florida Statutes 775.15 – Time Limitations; General Time Limitations; Exceptions It is not on the list of offenses with an extended or open-ended limitation period. When the threats continued over time, the clock generally runs from the last threatening communication rather than the first.
Sextortion and Intimate Images
Threats to release intimate images unless the victim pays or complies can bring a second charge on top of extortion. Florida’s sexual cyberharassment law, Section 784.049, specifically targets the nonconsensual sharing of sexually explicit images. When done for financial gain, it is a third-degree felony; a second or subsequent violation becomes a second-degree felony. Victims can also sue for injunctive relief, punitive damages, attorney fees, and monetary damages of at least $10,000 or actual damages, whichever is greater.7The 2025 Florida Statutes. Florida Statutes 784.049 – Sexual Cyberharassment
Prosecutors routinely stack the two charges when the same conduct fits both statutes.
When Federal Charges Also Apply
Blackmail that crosses state lines or affects interstate commerce can pull in federal prosecutors as well, sometimes alongside state charges.
The Hobbs Act, 18 U.S.C. § 1951, covers extortion that affects interstate commerce and carries up to 20 years in prison. It reaches attempts and conspiracies, not just completed offenses.8Office of the Law Revision Counsel. 18 USC 1951 – Interference With Commerce by Threats or Violence
When threats travel across state lines by email, text, phone, or other electronic means, 18 U.S.C. § 875 applies. Threats to kidnap or injure with intent to extort carry up to 20 years; threats to property or reputation with intent to extort carry up to 2 years.9Office of the Law Revision Counsel. 18 USC 875 – Interstate Communications This is the statute most likely to surface when threatening messages are sent from one state to a victim in another.
A narrower federal blackmail law, 18 U.S.C. § 873, punishes demanding money in exchange for not reporting a violation of federal law, with up to one year in prison.10Office of the Law Revision Counsel. 18 USC 873 – Blackmail
What to Do If Someone Is Blackmailing You
Paying rarely ends it. Blackmailers who get money once usually come back, because they now know the target will pay. A few steps hold up across almost every case:
- Do not pay or comply. The leverage does not disappear after the first payment.
- Preserve every message, email, voicemail, and screenshot. Keep full threads with visible timestamps and sender information, and back everything up somewhere the sender cannot reach.
- Do not engage directly with the person making the threats. Contact can escalate the situation.
- Report to local police or the sheriff’s office. If the threats came through electronic communications or crossed state lines, the FBI also has jurisdiction. Florida does not require any financial loss before you can report.
- Talk to a lawyer. A criminal defense attorney can advise if you are worried about your own exposure; a civil attorney can pursue damages, including under Section 784.049 in intimate-image cases.
Common Defenses to an Extortion Charge
Because the statute requires specific intent, the most common defense is that the accused did not actually intend to extort. An angry outburst without a real demand or plan to follow through may not clear the bar of malicious intent to obtain money or force action. The state has to prove that intent beyond a reasonable doubt.
Other defenses turn on whether a threat was really communicated at all, whether the words were vague enough that a reasonable person would not read them as a threat, whether the communication was a lawful demand in a civil dispute, and, in anonymous online cases, whether the state can actually tie the messages to the defendant. The line between a legitimate demand and extortion is not always obvious. Telling someone “I’ll sue you if you don’t pay what you owe me” is generally legal. Telling someone “Pay me or I’ll tell your wife about the affair” is not.