Arkansas Extortion Laws: Theft by Threat, Coercion and Penalties

Arkansas has no stand-alone crime called extortion or blackmail. Ark. Code Ann. 5-36-102(a) folds both former offenses into the single offense of theft, and knowingly obtaining the property of another person "by threat" with the purpose of depriving the owner is theft of property under 5-36-103(a)(2). Property obtained by threat makes the theft a Class C felony, or a Class B felony for the aggravated threats and other grounds listed in 5-36-103(b)(1).

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arkansas theft of property by threat (Ark. Code Ann. 5-36-101, 5-36-102 and 5-36-103), coercion (5-13-208), sexual extortion (5-14-113), engaging children in sexually explicit conduct for use in a visual or print medium (5-27-303), criminal attempt grading (5-3-203) and the sentencing and fine sections in 5-4-401 and 5-4-201. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), Arkansas crimes for sharing intimate images (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or local ordinances.

What is extortion in Arkansas?

In Arkansas, extortion and blackmail are theft. Ark. Code Ann. 5-36-102(a) states:

"Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses known before January 1, 1976, as: (1) Larceny; (2) Embezzlement; (3) False pretense; (4) Extortion; (5) Blackmail; (6) Fraudulent conversion; (7) Receiving stolen property; and (8) Other similar offenses."

The words extortion and blackmail appear in that list of former offenses, not as the names of current crimes. The conduct is charged as theft of property. Under 5-36-103(a)(2), a person commits theft of property if he or she knowingly "Obtains the property of another person by deception or by threat with the purpose of depriving the owner of the property."

Theft of property under paragraph (a)(2) is written around property that is obtained; a demand that fails can be charged as an attempt, discussed below. A separate statute, coercion (5-13-208), covers threats used to compel someone to act or refrain from acting; it is discussed below.

Is extortion a felony in Arkansas?

Yes. Property obtained by threat has its own grades in 5-36-103(b). Section 5-36-103(b)(2)(B) makes theft of property a Class C felony when "The property is obtained by threat." Section 5-36-103(b)(1) makes it a Class B felony if:

"(A) The value of the property is twenty-five thousand dollars ($25,000) or more; (B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure of another person; (C) The property is obtained by threat and the actor stands in a confidential or fiduciary relationship to the person threatened;"

The prison ranges come from Ark. Code Ann. 5-4-401: "For a Class B felony, the sentence shall be not less than five (5) years and not more than twenty (20) years," "For a Class C felony, the sentence shall be not less than three (3) years nor more than ten (10) years," and "For a Class A misdemeanor, the sentence shall not exceed one (1) year." The fines come from 5-4-201: not exceeding $15,000 for a Class A or B felony, $10,000 for a Class C or D felony, and $2,500 for a Class A misdemeanor. Section 5-4-201(d)(1) adds that, "Notwithstanding a limit imposed by this section, if the defendant has derived pecuniary gain from commission of an offense, then upon conviction of the offense the defendant may be sentenced to pay a fine not exceeding two (2) times the amount of the pecuniary gain." These are statutory ranges; they do not predict the sentence in any case.

Since Act 322 of 2025 (approved March 18, 2025, with an emergency clause), 5-36-103(d) allows an additional consecutive prison term of up to ten years when theft of property under 5-36-103(b)(1), (b)(2) or (b)(3), which includes property obtained by threat, involves property that is cargo as defined in 5-36-101, if the prosecutor gives the written notice the subsection requires.

Attempted theft by threat

Arkansas's criminal attempt statute (5-3-201) can apply to theft by threat, and 5-3-203 grades an attempt one class below the offense attempted. An attempt to commit a Class C felony is a Class D felony, which carries up to 6 years under 5-4-401, and an attempt to commit a Class B felony, such as sexual extortion or theft by an aggravated threat, is a Class C felony.

Other theft of property in Arkansas is graded by value and other factors; our Arkansas theft laws page covers that grading.

What counts as a threat?

The theft chapter defines the word. Ark. Code Ann. 5-36-101(16)(A) states:

"'Threat' means a menace, however communicated, to: (i) Cause physical injury to any person or to commit any other criminal offense; (ii) Cause damage to any property; (iii) Accuse any person of a crime; (iv) Expose a secret or publish a fact tending to subject any person, living or deceased, to hatred, contempt, shame, or ridicule; (v) Impair any person's credit or business repute; (vi) Take or withhold action as a public servant or cause a public servant to take or withhold action; (vii) Testify or provide information or withhold testimony or information with respect to a legal claim or defense of another person; (viii) Bring about or continue a strike, boycott, or other collective action if a property or service is not demanded or received for the benefit of the group in whose interest the actor purports to act; or (ix) Do any other act which would not in itself substantially benefit the actor or a group he or she purports to represent but which is calculated to harm another person in a substantial manner with respect to his or her health, safety, business, employment, calling, career, financial condition, reputation, or a personal relationship."

Several features stand out. The menace may be "however communicated." Paragraph (iv) reaches exposure of a person "living or deceased" and covers publishing a "fact," not only a secret. Paragraph (ix) is a broad final category for acts "calculated to harm another person in a substantial manner" in the listed respects. The list does not name immigration status or intimate images as separate items; threats involving intimate recordings are addressed by the sexual extortion statute below.

Is it extortion to threaten to sue, report someone, or post damaging information unless they pay?

Threats to accuse a person of a crime, expose a secret or publish a damaging fact, impair credit or business repute, and invoke official action are all on the 5-36-101(16)(A) list. Arkansas then excludes some of them from the definition itself. Section 5-36-101(16)(B) states:

"'Threat' does not include an expression of intent to accuse, expose, bring suit, or otherwise invoke official action under subdivisions (16)(A)(iii)-(vi) of this section if made to obtain property claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates or as compensation for property or a lawful service;"

Because this language is part of the definition of threat, it limits what counts as a threat for the theft chapter rather than operating as a separate defense. It is limited by its own terms: it reaches only expressions of intent under paragraphs (iii) through (vi), and only when made to obtain property claimed as restitution or indemnification for harm connected to the accusation, exposure, lawsuit or official action, or as compensation for property or a lawful service. Paragraphs (i), (ii) and (vii) through (ix) are outside its cross-reference. Whether it fits a particular demand turns on facts, and is a question for a lawyer licensed in Arkansas.

Coercion without property

Arkansas's coercion statute covers threats used to control another person's conduct. Ark. Code Ann. 5-13-208(a) states:

"A person commits coercion if he or she compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by purposeful conduct designed to instill in the other person a fear that, if a demand is not complied with, the actor or another person will: (1) Cause physical injury to any person; (2) Cause damage to property; (3) Subject any person to physical confinement; (4) Accuse any person of an offense or cause criminal proceedings to be instituted against any person; or (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule."

Coercion is a Class A misdemeanor under 5-13-208(b). Paragraph (5) applies to an asserted fact "whether true or false."

Sextortion laws in Arkansas

Arkansas has a specific sexual extortion offense, Ark. Code Ann. 5-14-113, first enacted by Act 664 of 2017 (effective August 1, 2017). Section 32 of Act 659 of 2023 (Senate Bill 495), effective January 1, 2024, amended the section to add subdivision (a)(4), a demand for money or anything of value. As amended, a person commits sexual extortion if:

• "With the purpose to coerce another person to engage in sexual contact or sexually explicit conduct, the person communicates a threat to: (A) Damage the property or harm the reputation of the other person; or (B) Produce or distribute a recording of the other person engaged in sexually explicit conduct or depicted in a state of nudity";
• "With the purpose to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct, the person communicates a threat to" do either of those things;
• "The person knowingly causes another person to engage in sexual contact or sexually explicit conduct or to produce or distribute a recording of a person in a state of nudity or engaged in sexually explicit conduct by communicating a threat to" do either of those things; or
• "The person knowingly demands payment of money or receipt of anything of value by communicating a threat to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity."

Section 5-14-113(b) states: "Sexual extortion is a Class B felony." That carries 5 to 20 years under 5-4-401 and a fine of up to $15,000 under 5-4-201, or up to twice the pecuniary gain under 5-4-201(d)(1). For offenses committed on or after January 1, 2025, Act 659 of 2023 lists sexual extortion, and an attempt, solicitation or conspiracy to commit it, as a "restricted release felony" under 16-93-1802, for which a person is not eligible for release until at least 85% of the sentence has been served.

Offenses involving minors. Section 5-14-113 has no separate provision for minor victims. Where the person targeted is a child, Ark. Code Ann. 5-27-303(a) separately makes it a Class B felony for a first offense, and a Class A felony for a subsequent offense, for a person 18 or older to employ, use, persuade, induce, entice or coerce a child to engage in sexually explicit conduct for the purpose of producing a visual or print medium depicting it. For offenses committed on or after January 1, 2025, Act 659 of 2023 lists 5-27-303 among the felonies for which a person is not eligible for release until 100% of the sentence has been served.

If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps. For Arkansas rules on AI-generated images, see Arkansas deepfake laws; for state laws on sharing intimate images, see revenge porn laws by state.

Related Arkansas offenses people confuse with extortion

• Robbery, Ark. Code Ann. 5-12-102. "A person commits robbery if, with the purpose of committing a felony or misdemeanor theft or resisting apprehension immediately after committing a felony or misdemeanor theft, the person employs or threatens to immediately employ physical force upon another person." It is a Class B felony. Robbery turns on immediate physical force, while theft by threat covers the wider list in 5-36-101(16).
• Terroristic threatening, Ark. Code Ann. 5-13-301. This offense needs no demand for property. First degree includes threatening, "With the purpose of terrorizing another person," to "cause death or serious physical injury or substantial property damage to another person," and is a Class D felony. Second degree covers threatening, with the purpose of terrorizing another person, "to cause physical injury or property damage to another person," and is a Class A misdemeanor.
• Coercion, Ark. Code Ann. 5-13-208. Discussed above; it covers threats used to compel conduct rather than to obtain property.

Threats used in online scams can also overlap with fraud offenses; see Arkansas scam and fraud laws.

Recent changes

• 2025: Act 322 of 2025 (Senate Bill 301), approved March 18, 2025, with an emergency clause, added the cargo sentence enhancement in 5-36-103(d). Act 833 of 2025 (House Bill 1779), approved April 17, 2025, rewrote 5-36-103(b)(2)-(3), adding grades for theft of a postal package; property obtained by threat remains a Class C felony ground.
• 2024: Act 659 of 2023 (Senate Bill 495), effective January 1, 2024, added the money-demand paragraph, 5-14-113(a)(4), to the sexual extortion statute.
• 2017: Act 664 of 2017 created the sexual extortion offense, effective August 1, 2017.

Federal law

Federal law also reaches interstate threats and extortion, separately from Arkansas statutes; our extortion laws hub covers the federal offenses.

Related pages

• Extortion and blackmail laws by state
• Arkansas theft laws
• Arkansas deepfake laws
• Arkansas scam and fraud laws
• Sextortion scams: what to do

This article provides general legal information about Arkansas criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arkansas.

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Arkansas?

Yes, as theft. Ark. Code Ann. 5-36-102(a) folds the former offenses of extortion and blackmail into theft, and obtaining the property of another person by threat with the purpose of depriving the owner is theft of property under 5-36-103(a)(2).

Is extortion a felony in Arkansas?

Theft of property obtained by threat is a Class C felony under 5-36-103(b)(2)(B), punishable by 3 to 10 years. It is a Class B felony, 5 to 20 years, for a threat of serious physical injury or destruction of an occupiable structure, a threat by someone in a confidential or fiduciary relationship to the person threatened, or property worth $25,000 or more. An attempt is graded one class lower under 5-3-203.

What counts as a threat under Arkansas theft law?

Ark. Code Ann. 5-36-101(16)(A) defines threat as a menace, however communicated, to cause physical injury or commit any other criminal offense, damage property, accuse a person of a crime, expose a secret or publish a damaging fact, impair credit or business repute, take or withhold official action, testify or withhold testimony, bring about a strike or boycott, or do any other act calculated to substantially harm another person in ways the paragraph lists.

Is it extortion to threaten to sue or report someone unless they pay in Arkansas?

Under 5-36-101(16)(B), threat does not include an expression of intent to accuse, expose, bring suit or otherwise invoke official action under (16)(A)(iii)-(vi) if made to obtain property claimed as restitution or indemnification for harm done in the circumstances the action relates to, or as compensation for property or a lawful service. How that applies to a specific demand is a question for an Arkansas lawyer.

Is sextortion a crime in Arkansas?

Yes. Sexual extortion under Ark. Code Ann. 5-14-113 is a Class B felony, punishable by 5 to 20 years; for offenses on or after January 1, 2025, release is not available until at least 85% of the sentence is served. Since January 1, 2024, it also covers knowingly demanding money or anything of value by threatening to distribute a recording of a person engaged in sexually explicit conduct or depicted in a state of nudity. Where the person targeted is a child, 5-27-303 separately makes inducing or coercing a child to engage in sexually explicit conduct to produce a visual or print medium a Class B felony for a first offense.

What is coercion in Arkansas?

Under 5-13-208, coercion is compelling or inducing someone to do or not do something they have a legal right to choose, by purposeful conduct designed to make them fear that, if a demand is not complied with, a listed harm such as injury, property damage, confinement, an accusation or exposure will follow. It is a Class A misdemeanor.