Is Blackmail Illegal in California? Extortion Laws and Penalties

What people call blackmail is a crime in California, but the Penal Code does not use that word as an offense name: the conduct is charged as extortion under Chapter 7 of the Penal Code, Sections 518 to 527. Completed extortion is a felony under Penal Code 520, punishable by two, three or four years, and an attempt is punishable under Section 524. For other states, see our guide to extortion and blackmail laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California's state criminal extortion statutes in Penal Code Sections 518 to 527, with the related definitions and sentencing rules in Sections 17, 18, 19, 647 and 1170. It does not cover what to do if you are being threatened or how to get images taken down (see our sextortion scams guide), the crime of posting intimate images itself (see revenge porn laws by state), federal extortion offenses (covered on the hub), or city and county ordinances.

Is blackmail a crime in California?

Yes, under the name extortion. Chapter 7 of the Penal Code (Sections 518 to 527) is a stand-alone extortion chapter, and none of its offenses is named blackmail or sextortion. A demand for money, sex or anything else of value backed by one of the threats the chapter lists is prosecuted as extortion.

Penal Code 518(a) sets out the definition:

"Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."

The phrase "with his or her consent" is what separates extortion from robbery. The victim hands over the property, but the consent is produced by force or fear. Robbery under Penal Code 211 is "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will," and Section 520 applies only to extortion "under circumstances not amounting to robbery or carjacking."

Section 518(b) defines what can be extorted. For the whole of Chapter 7, "consideration" means "anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647." The sextortion section below explains why that definition matters.

California extortion offenses and penalties

Section 520 sets a term of "two, three or four years" and contains no dollar threshold, so completed extortion is a felony whatever the amount. The term is imposed "pursuant to subdivision (h) of Section 1170." Section 17(a) defines a felony to include a crime punishable "by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170."

Under Section 1170(h)(2), a felony sentenced under that subdivision is served "in a county jail for the term described in the underlying offense." Section 1170(h)(3) changes that for listed defendants, including a defendant who has a prior or current felony conviction for a serious felony described in Section 1192.7(c), a prior or current conviction for a violent felony described in Section 667.5(c), or who is required to register as a sex offender. For those defendants, "an executed sentence for a felony punishable pursuant to this subdivision shall be served in the state prison."

Section 525 adds an aggravating factor. On a felony conviction under Chapter 7, "the fact that the victim was an elder or dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170."

Attempted extortion is a wobbler

Section 524 covers a person who "attempts, by means of any threat, such as is specified in Section 519 of this code, to extort property or other consideration from another." The punishment is "imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment." Section 524 states no prison term. Penal Code 18(a) provides that, "except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170."

Because Section 524 allows either state prison or county jail, it is the kind of offense described in Penal Code 17(b), which becomes "a misdemeanor for all purposes" in the circumstances that subsection lists. Offenses like this are commonly called wobblers.

What threats count as extortion in California?

Section 520 reaches extortion "by means of force, or any threat, such as is mentioned in Section 519." Penal Code 519 lists the threats:

"Fear, such as will constitute extortion, may be induced by a threat of any of the following: 1. To do an unlawful injury to the person or property of the individual threatened or of a third person. 2. To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime. 3. To expose, or to impute to him, her, or them a deformity, disgrace, or crime. 4. To expose a secret affecting him, her, or them. 5. To report his, her, or their immigration status or suspected immigration status."

Several points follow from the text. The threatened harm can target a third person (item 1) or a relative or family member (item 2), not only the person asked to pay. Items 3 and 4 cover threats to reveal embarrassing or damaging information, which is the classic blackmail pattern. Item 5 covers a threat to report someone's immigration status or suspected immigration status.

What must be obtained is "property or other consideration" or "an official act of a public officer" (Section 518(a)). Because Section 518(b) defines consideration as "anything of value," the statute is not limited to money.

Is it extortion to threaten to sue, report someone, or post a bad review?

Section 519's list of five threats does not include a threat to file a civil lawsuit. It does include a threat "to accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime," a threat to "expose, or to impute to him, her, or them a deformity, disgrace, or crime," and a threat "to expose a secret affecting him, her, or them." The list does not separately name a threat to post a negative review.

The California Supreme Court applied the extortion statutes in Flatley v. Mauro (2006) 39 Cal.4th 299 and held that the communications in that case "constituted criminal extortion as a matter of law." That conclusion was about the specific communications before the court. Whether a particular demand falls within Sections 518 and 519 depends on its facts, and a lawyer licensed in California can assess a specific situation.

None of Penal Code Sections 518 to 527 contains a claim-of-right exception. In Flatley, the court stated that "threats to do the acts that constitute extortion under Penal Code section 519 are extortionate whether or not the victim committed the crime or indiscretion upon which the threat is based and whether or not the person making the threat could have reported the victim to the authorities or arrested the victim." The opinion also quoted People v. Beggs (1918) 178 Cal. 79, which held that even where "the purpose may be to collect a just indebtedness arising from and created by the criminal act for which the threat is to prosecute the wrongdoer, it is nevertheless within the statutory inhibition."

Is sextortion a crime in California?

California has no offense named sextortion. Sextortion is reached through the extortion chapter because Section 518(b) defines consideration to include "sexual conduct as defined in subdivision (b) of Section 311.3" and "an image of an intimate body part." Obtaining either through force or a Section 519 threat, such as a threat to expose a secret, is extortion punished under Section 520 by two, three or four years. An attempt is punishable under Section 524, and a written threat under Section 523(a).

Section 647(j)(4)(C) supplies the image definition: "'Intimate body part' means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing."

Section 518(c) contains one limit on this definition: "Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part." Chapter 7 contains no separate enhancement for a minor victim; the aggravating circumstance it names is an elder or dependent victim (Section 525). Separately, Penal Code 311.4(c) makes it a felony to knowingly persuade, induce or coerce a minor under 18 to pose or model for images involving sexual conduct by a minor.

If you or someone you know is being threatened, our sextortion scams guide covers reporting and image-removal steps. For California's separate rules on sexually explicit AI images, see California deepfake laws, and for crimes involving the posting of intimate images, see revenge porn laws by state.

Threatening letters, ransomware and other extortion offenses

Chapter 7 reaches several forms of extortion beyond a completed demand:

• Threatening letters. Under Section 523(a), a person who, "with intent to extort property or other consideration from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519" is punished "in the same manner as if such property or other consideration were actually obtained by means of such threat."
• Ransomware. Under Section 523(b)(1), a person who, "with intent to extort property or other consideration from another, introduces ransomware into any computer, computer system, or computer network is punishable pursuant to Section 520 in the same manner as if such property or other consideration were actually obtained by means of the ransomware."
• Extorted signatures. Section 522 covers obtaining a signature "by any extortionate means" on a paper or instrument that would transfer property or create "any debt, demand, charge, or right of action," punished "in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained."
• Official extortion. Under Section 521, "every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is guilty of a misdemeanor." Penal Code 19 sets the general misdemeanor punishment, "except in cases where a different punishment is prescribed by any law of this state," at up to six months in county jail, a fine of up to $1,000, or both.
• Fake court papers. Section 526 makes it a misdemeanor to deliver, with intent to obtain property or other consideration, a paper or form "purporting to be an order or other process of a court" that is not one, and "each separate delivery" is a separate offense.
• Selling fake court forms. Section 527 makes it a separate misdemeanor to sell, offer for sale, print, publish or distribute a paper or form designed to lead a person to believe it is "an order or other process of a court" when it is not to be used as one, and each separate publication, printing, distribution, sale or offer to sell is a separate offense.

Crimes often confused with extortion in California

• Robbery (Penal Code 211). Robbery is a taking "from his person or immediate presence, and against his will." Section 520 extortion applies only "under circumstances not amounting to robbery or carjacking." California's other property crimes are covered on our California theft laws page.
• Criminal threats (Penal Code 422). Section 422 is a separate crime that requires no demand for property. It reaches a person who "willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement ... is to be taken as a threat," where the threat is "so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat."
• Fraud and scams. Extortion requires consent "induced by a wrongful use of force or fear" (Section 518(a)). Schemes that obtain money through deception are covered on our California scam and fraud laws page.

How California's extortion law has changed

The current text of Sections 518, 520, 523, 524 and 526 reflects amendments by Stats. 2017, Ch. 518 (SB 500), effective January 1, 2018.

Federal law separately reaches extortionate threats sent across state lines (18 U.S.C. 875) and threats to publish intimate images (47 U.S.C. 223(h)(6), added by the TAKE IT DOWN Act); the extortion laws by state hub covers those offenses.

Related pages

• Extortion and blackmail laws by state
• Sextortion scams: what to do if you are targeted
• California deepfake laws
• California scam and fraud laws
• California theft laws
• Nevada extortion laws

This article provides general legal information about California law, not legal advice. Statutes change and their application depends on specific facts. For a specific situation, contact a lawyer licensed in California or your local law enforcement agency.

Last updated: 2026-10-17.

Frequently Asked Questions

Is blackmail illegal in California?

California does not have an offense named blackmail. What people call blackmail is charged as extortion under Penal Code 518 to 527: obtaining property or other consideration through a wrongful use of force or fear, including the threats listed in Section 519, is a felony under Section 520.

Is extortion a felony in California?

Completed extortion under Penal Code 520 is a felony punishable by two, three or four years under Section 1170(h), regardless of the amount obtained. An attempt under Section 524 can be punished by county jail of up to one year or by state prison (16 months, two or three years under Section 18(a)), and extortion under color of official right is a misdemeanor under Section 521 where no different punishment is prescribed.

What is the penalty for attempted extortion in California?

Penal Code 524 punishes an attempt to extort by a Section 519 threat with up to one year in county jail, or state prison, or a fine of up to $10,000, or both fine and imprisonment. Section 524 states no prison term, so Penal Code 18(a) supplies one: 16 months, two or three years in state prison.

What threats count as extortion in California?

Penal Code 519 lists threats to do an unlawful injury to the person or property of the individual threatened or a third person, to accuse that person or a relative or family member of a crime, to expose or impute a deformity, disgrace or crime, to expose a secret, or to report immigration status or suspected immigration status. Section 520 also reaches extortion by means of force.

Is sextortion a crime in California?

There is no separate sextortion statute, but Penal Code 518(b) defines the consideration in an extortion to include sexual conduct and an image of an intimate body part. Obtaining either through force or a Section 519 threat is extortion punished under Section 520 by two, three or four years; Section 518(c) excludes a person under 18 who obtained that consideration.

Is threatening to sue someone extortion in California?

Penal Code 519 does not list a threat to file a civil lawsuit among its five threats, but it does list threats to accuse someone of a crime and to expose a secret. In Flatley v. Mauro (2006) 39 Cal.4th 299, the California Supreme Court held that the communications in that case constituted criminal extortion as a matter of law. The court also stated that threats to do the acts that constitute extortion under Section 519 are extortionate whether or not the victim committed the crime or indiscretion on which the threat is based and whether or not the person making the threat could have reported the victim to the authorities.

Is a threatening letter extortion if no money is paid?

Penal Code 523(a) punishes a person who, with intent to extort, sends or delivers a letter or other writing expressing or implying a Section 519 threat in the same manner as if the property or other consideration had actually been obtained.

Is a ransomware attack extortion under California law?

Yes, when done with intent to extort. Penal Code 523(b)(1) punishes a person who introduces ransomware into a computer, computer system or computer network with intent to extort property or other consideration under Section 520, as if the property had actually been obtained.