Is Blackmail Illegal in Delaware? Extortion, Coercion and Penalties

Yes. Blackmail is a crime in Delaware, where it is charged as extortion under 11 Del. C. 846: compelling or inducing someone to deliver property by instilling a fear that the defendant or another will cause physical injury, damage property, accuse anyone of a crime, expose a secret, or do any of the other harms the statute lists is a class E felony, or a class D felony when the victim is 62 or older. Threats used to force someone to do or stop doing something other than hand over property are coercion under 11 Del. C. 791, and threats used to obtain a sexual act or sexual images are sexual extortion under 11 Del. C. 774.

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

Jurisdiction scope: This article covers Delaware's criminal statutes on extortion (11 Del. C. 846), its relationship to theft (841), the statutory defenses (847 and 792), coercion (791), sexual extortion (774), second-degree robbery (831) and terroristic threatening (621), with attempt (531), crime against a vulnerable adult (1105), the habitual-criminal statute (4214) and the sentencing ranges in 11 Del. C. 4205 and 4206. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), Delaware's separate 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 Delaware?

Delaware's extortion statute sits inside the theft subchapter of the criminal code, but it is a named offense with its own grade. Under 11 Del. C. 841(a), a person is guilty of theft when the person "(1) Takes, exercises control over, or obtains property of another person intending to deprive that person of it or appropriate it" or "(2) Commits an act described in §§ 841A through 846 of this title." Section 846 then defines extortion:

"A person commits extortion when, with the intent prescribed in § 841 of this title, the person compels or induces another person to deliver property to the person or to a third person by means of instilling in the victim a fear that, if the property is not so delivered, the defendant or another will: (1) Cause physical injury to anyone; or (2) Cause damage to property; or (3) Engage in other conduct constituting a crime; or (4) Accuse anyone of a crime or cause criminal charges to be instituted against anyone; or (5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; or (6) Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (7) Use or abuse the defendant's position as a public servant by performing some act within or related to the defendant's official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or (8) Perform any other act which is calculated to harm another person materially with respect to the person's health, safety, business, calling, career, financial condition, reputation or personal relationships. Extortion is a class E felony, except where the victim is a person 62 years of age or older, in which case any violation of this section shall be a class D felony."

Two features of that text matter most. The object is property: the person must compel or induce another "to deliver property" to the person or a third person. And the means is fear of one of the eight listed harms. When the demand is for conduct rather than property, Delaware's separate coercion statute applies (see below).

The Title 11, Chapter 5 subchapters on offenses against the person and offenses involving property contain no offense named blackmail. Blackmail is the everyday word for conduct Delaware charges as extortion, coercion or sexual extortion. For other theft offenses, see our page on Delaware theft laws.

Is extortion a felony in Delaware?

Yes. Section 846 makes extortion a class E felony in every case, and a class D felony "where the victim is a person 62 years of age or older." Section 846 itself does not grade by the value of the property. Because 841(a)(2) also defines an act described in 846 as theft, the value-based theft grades in 841(c)(3) can come into play when the conduct is charged as theft: theft of more than $50,000 but less than $100,000 is a class D felony, and theft of $100,000 or more is a class B felony.

A demand that does not succeed can still be charged. Under 11 Del. C. 531, a person who intentionally does anything that is "a substantial step in a course of conduct planned to culminate in the commission of the crime" is guilty of attempt, and "Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting."

The prison ranges come from Delaware's felony sentencing section, 11 Del. C. 4205(b): "For a class D felony up to 8 years to be served at Level V" and "For a class E felony up to 5 years to be served at Level V." Under 4205(k), "In addition to the penalties set forth above, the court may impose such fines and penalties as it deems appropriate."

Delaware extortion penalties

Delaware offense statutes name a class, and 11 Del. C. 4205 (felonies) and 4206 (misdemeanors) attach the range. Under 4206(a), "The sentence for a class A misdemeanor may include up to 1 year incarceration at Level V and such fine up to $2,300, restitution or other conditions as the court deems appropriate."

Extortion, coercion and sexual extortion are also listed underlying offenses in 11 Del. C. 1105, crime against a vulnerable adult (a person 18 or older who, "by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation"). Under 1105(b), committing or attempting coercion against a vulnerable adult is a class G felony, and an underlying class D, E, F or G felony is graded one class higher. Under 1105(e), a person cannot be sentenced for both the underlying offense and the crime against a vulnerable adult, and 1105 does not apply where the underlying offense as charged has an element that the victim was 62 or older (as with the class D extortion grade) or was an impaired adult.

Extortion and sexual extortion are designated violent felonies under 11 Del. C. 4201(c), which matters for the habitual-criminal statute, 11 Del. C. 4214: a person with two prior convictions for a violent felony (or attempt) who is convicted of a further violent felony, or a person with three prior felony convictions who is convicted of a further felony, is an habitual criminal, and on the State's petition the court must impose the minimum that 4214(b), (c) or (d) sets (which depends on how many of the convictions are violent felonies) and may impose up to life imprisonment.

What kinds of threats count?

Section 846 lists eight kinds of feared harm. The fear must be that, "if the property is not so delivered, the defendant or another will":

1. "Cause physical injury to anyone";
2. "Cause damage to property";
3. "Engage in other conduct constituting a crime";
4. "Accuse anyone of a crime or cause criminal charges to be instituted against anyone";
5. "Expose a secret or publicize an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule";
6. "Falsely testify or provide information or withhold testimony or information with respect to another's legal claim or defense";
7. "Use or abuse the defendant's position as a public servant" through official acts or a failure to perform an official duty, "in such manner as to affect some person adversely"; or
8. "Perform any other act which is calculated to harm another person materially with respect to the person's health, safety, business, calling, career, financial condition, reputation or personal relationships."

The section does not mention threats about immigration status by those words.

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

Delaware's statutes address this through their text. The list in 846 includes accusing anyone of a crime or causing criminal charges to be instituted (item 4), publicizing an asserted fact "whether true or false" tending to subject anyone to hatred, contempt or ridicule (item 5), and any other act calculated to harm another person materially with respect to "business," "reputation" or other listed interests (item 8). The section does not mention lawsuits by name.

Section 847 then provides two affirmative defenses, quoted here in full:

"(a) In any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done. (b) In any prosecution for extortion where the facts are as described in § 846(4) of this title, it is an affirmative defense that the accused believed the threatened criminal charge to be true and that the accused's sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge."

The defense in 847(b) applies only where the facts are as described in 846(4), the threat to accuse of a crime, and both of its conditions (belief that the charge is true and the sole purpose of making good the wrong) are part of it.

Coercion: threats that demand conduct, not property

Under 11 Del. C. 791, "A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or another will" do one of the harms the section lists. That list includes causing physical injury to a person, causing damage to property, engaging in other conduct constituting a crime, accusing some person of a crime or causing criminal charges to be instituted, and exposing a secret or publicizing an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; testifying or providing or withholding testimony or information with respect to another's legal claim or defense; using or abusing the defendant's position as a public servant; or performing "any other act which is calculated to harm another person materially with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships." "Coercion is a class A misdemeanor."

Section 792 gives coercion its own version of the believed-true-charge defense: "In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant believed the threatened charge to be true and that the defendant's sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge."

Is sextortion a crime in Delaware?

Yes. Delaware's statute is titled sexual extortion, 11 Del. C. 774. Under 774(a), a person is guilty of sexual extortion when the person intentionally compels or induces another person to "Engage in any sexual act involving contact, penetration, or intercourse with the defendant or another person" or to "Produce a visual depiction of the victim or another person who is nude, or who is engaging in sexual conduct, with the victim or another person," by instilling a fear that the defendant or another person will do one of the listed harms. The list mirrors the extortion list and adds one item aimed at images: a threat to "Reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of any person who is nude, or who is engaging in sexual conduct."

The grade:

• Sexual extortion: class E felony (774(b)), up to 5 years at Level V.
• Class B felony (774(c)), not less than 2 years up to 25 years at Level V, when "The defendant is an adult and the victim is" a "child," as defined in 11 Del. C. 1100 ("any individual less than 18 years of age"), or a "vulnerable adult," as defined in 11 Del. C. 1105 (a person 18 or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation); or when "A violation of subsection (a) of this section causes the victim to suffer serious physical injury or death."

For someone being threatened right now, our sextortion scams guide explains reporting and image-removal options. Crimes for sharing intimate images are covered on revenge porn laws by state, and Delaware's rules on AI-generated images are covered on Delaware deepfake laws.

Related offenses people confuse with extortion

Robbery in the second degree (11 Del. C. 831). Robbery requires force or a threat of immediate force during a theft. A person is guilty of robbery in the second degree "when, in the course of committing theft, the person uses or threatens the immediate use of force upon another person with intent to: (1) Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or (2) Compel the owner of the property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft." Except as provided in 831(d), it is a class E felony.

Terroristic threatening (11 Del. C. 621). A threat with no demand attached can be a separate crime. Under 621(a)(1), a person is guilty of terroristic threatening when "The person threatens to commit any crime likely to result in death or in serious injury to person or property."

Fraud and scams. Schemes that obtain money by deception rather than by a threat are covered on our page on Delaware scam and fraud laws.

Federal law also reaches threats and extortion that cross state lines; see the extortion laws by state hub.

Recent changes

85 Del. Laws c. 223 (Senate Substitute 1 for Senate Bill 142, 153rd General Assembly) was signed on September 19, 2025, and its Section 1, which amended the sexual extortion statute, took effect on enactment. The act's synopsis explains that sexual extortion "is classified as a Class E felony punishable by up to 5 years in prison" and that the act "increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison," in the circumstances now listed in 774(c).

The extortion statute, 846, was last amended by 73 Del. Laws c. 126 according to its history line.

Related Delaware pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Delaware?

Yes. Delaware charges it as extortion under 11 Del. C. 846: compelling or inducing someone to deliver property by instilling fear of a listed harm, such as physical injury, an accusation of a crime, or exposing a secret, is a class E felony (a higher grade applies for a victim 62 or older and can apply for a vulnerable adult victim; habitual offenders can face more under 11 Del. C. 4214). Demands for conduct rather than property fall under coercion, 11 Del. C. 791.

Is extortion a felony in Delaware?

Yes. Extortion under 11 Del. C. 846 is a class E felony, punishable by up to 5 years at Level V under 4205, and a class D felony, up to 8 years, when the victim is 62 years of age or older. A higher grade can apply for a vulnerable adult victim (11 Del. C. 1105), and habitual offenders can face more under 11 Del. C. 4214. Section 846 does not grade by value; the theft statute, 841(c)(3), grades theft (which 841(a)(2) defines to include an act described in 846) by value.

What is coercion in Delaware?

Under 11 Del. C. 791, coercion is compelling or inducing a person to engage in, or abstain from, conduct the person has a legal right to abstain from or engage in, by instilling fear of listed harms. It is a class A misdemeanor, punishable by up to 1 year at Level V and a fine up to $2,300, or a class G felony when committed against a vulnerable adult (11 Del. C. 1105).

Is it extortion to threaten to report someone to the police unless they pay in Delaware?

11 Del. C. 846(4) lists accusing anyone of a crime or causing criminal charges to be instituted among the feared harms. Section 847(b) makes it an affirmative defense in such a prosecution that the accused believed the threatened charge to be true and that the accused's sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.

Is sextortion a crime in Delaware?

Yes. Under 11 Del. C. 774, intentionally compelling or inducing a sexual act or the production of a nude or sexual visual depiction by instilling a listed fear, including a threat to disseminate a nude or sexual image, is sexual extortion, a class E felony; habitual offenders can face more under 11 Del. C. 4214.

What is the penalty for sextortion of a minor in Delaware?

Since September 19, 2025, sexual extortion is a class B felony under 11 Del. C. 774(c) when the defendant is an adult and the victim is a child as defined in 11 Del. C. 1100 (any individual less than 18 years of age) or a vulnerable adult as defined in 1105 (a person 18 or older who, by reason of isolation, sickness, debilitation, mental illness or physical, mental or cognitive disability, is easily susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion or exploitation). A class B felony carries not less than 2 years up to 25 years at Level V under 4205(b)(2); habitual offenders can face more under 11 Del. C. 4214.