Can you press charges on someone trying to blackmail you?
Asked by: Miss Gail Schmitt DDS | Last update: February 11, 2026Score: 4.6/5 (61 votes)
Yes, you absolutely can and should report blackmail to the police, as it's a serious crime (extortion), and you can help initiate criminal charges by filing a report and providing evidence, though the prosecutor ultimately decides to press charges. You can also pursue civil action for damages and consult a lawyer for legal options, which can involve both state and federal laws, depending on the specifics of the threat.
Can I press charges if someone is blackmailing me?
Yes, blackmail is illegal in California under the California Penal Codes. Blackmail, also known as extortion, is the illegal act of forcing someone to give you money, property, or favors under threat of exposing a secret or physical violence.
What proof do you need to press charges?
Police need probable cause to charge someone, meaning enough facts for a reasonable person to believe a crime occurred and the suspect committed it, using evidence like witness statements, officer observations, physical evidence (DNA, weapons), digital records (texts, video), or suspect admissions, though the standard for charging is lower than proving guilt at trial.
What legally qualifies as blackmail?
Legally, blackmail is the act of threatening to reveal damaging, embarrassing, or secret information (true or false) about someone unless they pay money or provide something of value, or do something they wouldn't otherwise do, to keep the information silent. It's often a form of extortion, differing mainly in the type of threat—blackmail typically involves threats to reputation or secrets, while extortion can include physical harm or property damage. Key elements include a threat, an intent to gain property or compel an action, and the demand for silence or compliance.
What evidence do I need for blackmail?
To prove blackmail, you need evidence showing threats to reveal damaging information unless demands for money, property, or favors are met, with key evidence including screenshots, messages, emails, recordings, and transaction records that detail the timeline and intent, plus identifying information about the perpetrator. The crucial elements are the threat, the demand (money, property, or action), and the intent to cause fear or gain something illicit, often proven through digital communications and financial trails.
What counts as harassment and stalking? [Criminal law explainer]
Can police do anything about blackmail?
Yes, police absolutely can help with blackmail, which is a serious crime (extortion) involving threats to force someone to act; you should report it to local police, and for online/cyber blackmail, the FBI (via IC3 or tips.fbi.gov) or national cybercrime centers are key resources, as they investigate these cases, can offer support, and work to stop perpetrators. Do not pay the blackmailer, save all evidence, and contact law enforcement immediately.
How to deal with someone trying to blackmail you?
If someone is blackmailing you, do not pay or negotiate, immediately stop all contact, save all evidence, and report the crime to the police or relevant authorities like the FBI (IC3) or Childline (for minors). Block the person, report their accounts, and tell a trusted friend, family member, or support service, as cooperating usually escalates the situation, but law enforcement can help.
Can you sue someone if they blackmail you?
Remember victims must have paid the blackmailer. Otherwise, victims cannot sue for civil extortion. It makes no difference if the threat caused pain, suffering and emotional distress.
What's the difference between blackmail & extortion?
While extortion and blackmail are very similar (and blackmail is technically a form of extortion), the primary difference lies in the penalty for noncompliance. Extortion typically involves an overt act of harm or damage, while blackmail deals with the release of harmful information.
Is it worth it to press charges?
Here are the key benefits: Holding the Offender Accountable: Pressing charges can ensure the perpetrator faces consequences, such as jail time, fines, or a restraining order, which may deter future behavior.
How long after an incident can you be charged?
You can be charged for a crime from immediately after it happens up to many years later, depending on the crime's severity and jurisdiction, as most crimes have a statute of limitations (often 3-5 years for felonies, shorter for misdemeanors), but serious offenses like murder, treason, or child sexual abuse often have no time limit, allowing charges at any time. State and federal laws vary, but common exceptions to the time limit include capital crimes, terrorism, and cases where DNA evidence is involved.
What is enough evidence to charge someone?
To charge someone, police need probable cause (a reasonable belief a crime occurred and the person did it), a lower standard than for conviction, which requires proof beyond a reasonable doubt (near certainty of guilt). Charges can start with just a witness statement or officer observation, but for conviction, prosecutors need strong evidence like testimony, forensics, or consistent circumstantial evidence to prove guilt, not just suspicion, to a judge or jury.
Where to report if someone is blackmailing you?
File a Complaint with the Cyber Crime Police
Alternatively, visit your nearest Cyber Crime Police Station or local police station. Provide them with: Screenshots and chat records. Phone number or account details of the blackmailer.
What proof do you need to sue for harassment?
To sue for harassment, you need credible evidence proving severe or pervasive offensive conduct created a hostile environment, including detailed logs (dates, times, incidents), digital communications (texts, emails), witness statements, and potentially photos, recordings, or medical records, all showing a pattern that affected your ability to work or live, supported by documentation of your complaints to management or HR.
How much does it usually cost to sue?
Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement.
What do police do about blackmail?
You should file a report with your local police department and compile your statement. If your blackmailer is in the same state as you and sextortion is a crime in your state, the police should be able to take your information and initiate action against the local criminal helping you seek justice.
What kind of blackmail is illegal?
The federal crime of blackmail normally involves threats to do some act that will harm the victim. Put simply, blackmail and extortion is the illegal conduct of demanding money from someone to not report something, such as potentially embarrassing information about the person, or even criminal behavior. 18 U.S.C.
What is proof of blackmail?
Prosecutors must demonstrate a clear threat, fear caused by that threat, and an attempt to obtain something valuable. These are the elements they must establish beyond a reasonable doubt. Knowing this helps someone accused of extortion understand what matters most. The state must show more than harsh words.
What proof do I need for emotional distress?
To prove emotional distress, you need objective evidence like medical records (diagnoses, therapy notes), expert testimony from mental health professionals, and documentation of physical symptoms (sleep issues, panic attacks), alongside personal journals detailing impact, and witness statements from family/friends who observed changes, all to establish a clear link between another's actions and your severe suffering. A lawyer helps gather this proof to show the distress is severe and impacts daily life, not just temporary annoyance.
Can police do anything about verbal threats?
Police can investigate verbal threats, and if credible, arrest the individual, file criminal charges (misdemeanor or felony), and help the victim get a restraining order, with penalties for the offender including fines, probation, or jail time, depending on the severity and jurisdiction. Key factors for police action are the threat's credibility, whether it implies harm, and specific evidence like recordings or witness accounts.
How do you scare a blackmailer away?
To deal with a blackmailer, do not pay or comply, immediately stop all communication, save all evidence (screenshots/messages), report it to law enforcement (like the FBI or local police), and change passwords; engaging them empowers them, so silence and reporting are the strongest responses. You can also seek support from organizations like Thorn or NCMEC's CyberTipline, and change privacy settings to block them.
Can the blackmailer be traced?
Yes, blackmailers can often be traced through digital forensics, financial trails, and IP tracing, though they use tools like VPNs to hide, making it challenging; law enforcement and cyber experts use advanced methods to follow evidence like transaction IDs, IP addresses (when possible), and communication data to identify perpetrators, but the best first steps are to not pay and to preserve all evidence before reporting to authorities like the FBI's IC3.
Can you press charges against someone for blackmail?
Blackmail is a crime under federal law and the laws of every state. Blackmail involves coercing or extorting someone to gain money, property, or services unless the victim meets specific demands. This offense is generally a felony that can carry over a year in prison and high fines.