Is Blackmail Illegal in Florida? Extortion Laws and Penalties

Yes, blackmail is a crime in Florida, charged as extortion under Fla. Stat. 836.05, "Threats; extortion." The statute makes it a second-degree felony, punishable by up to 15 years in prison, to maliciously threaten to accuse someone of a crime, injure their person, property or reputation, or expose a disgrace or secret, with intent to extort money or any pecuniary advantage or to compel an act against the person's will. There is no minimum dollar amount, and the word "blackmail" does not name any Florida offense.

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

Jurisdiction scope: This article covers Florida's extortion statute (Fla. Stat. 836.05), the felony and fine ranges in sections 775.082 and 775.083, and related Florida statutes on written threats (836.10), threats against officials (836.12) and sexually explicit images (784.049 and 836.14). It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), Florida's sex-offense and child-exploitation chapters, federal offenses (covered on our extortion and blackmail laws by state hub), or local ordinances.

What is extortion in Florida?

Extortion is a single, stand-alone felony in Florida. It is not graded as theft and it does not depend on how much was demanded. Section 836.05(1) reads in full:

"Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

The statute has three working parts:

• How the threat is made: "verbally or by a written or printed communication."
• The state of mind: each kind of threat must be made "maliciously."
• The purpose: either to extort "money or any pecuniary advantage whatsoever," or to compel "the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will."

Because of the second purpose, a Florida extortion charge does not require a demand for money. A malicious threat aimed at forcing someone to act, or to stop acting, against their will falls within the same sentence of the statute.

Is blackmail a separate crime in Florida?

No. Florida's statutes contain no offense named blackmail. Blackmail is the everyday word for the conduct section 836.05 describes, such as threatening to reveal a secret unless someone pays.

One other Florida statute uses the word extortion but covers something different. Section 839.11, "Extortion by officers of the state," applies to an officer who "willfully charges, receives, or collects any greater fees or services than the officer is entitled to charge, receive, or collect by law." It is a first-degree misdemeanor and involves no threat.

Florida extortion penalties

The prison ranges come from section 775.082: up to 30 years for a first-degree felony (775.082(3)(b)1.), up to 15 years for a second-degree felony (775.082(3)(d)) and up to 5 years for a third-degree felony (775.082(3)(e)). The fine ceilings come from section 775.083(1): $10,000 for a first- or second-degree felony and $5,000 for a third-degree felony. For the first-degree misdemeanor in section 839.11, the limits are up to 1 year (775.082(4)(a)) and a fine of up to $1,000 (775.083(1)(d)). Each extortion subsection is also "punishable as provided in... s. 775.084."

Is extortion always a felony in Florida?

Yes, under section 836.05. Subsection (1) is a felony of the second degree whatever the amount demanded, and the section contains no misdemeanor form. A demand for a few dollars and a demand for a fortune carry the same statutory maximum.

What kinds of threats count?

Section 836.05(1) lists five kinds of malicious threats, in the statute's own words:

1. To "accuse another of any crime or offense."
2. "An injury to the person, property or reputation of another."
3. To "expose another to disgrace."
4. To "expose any secret affecting another."
5. To "impute any deformity or lack of chastity to another."

The list does not mention immigration status or intimate images by name.

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

The statute's list includes a malicious threat "to accuse another of any crime or offense" and a malicious threat of "an injury to the... reputation of another," each only when made with intent to extort money or pecuniary advantage or to compel an act against the person's will.

The Florida Supreme Court addressed threats of legal action in Carricarte v. State, 384 So. 2d 1261 (Fla. 1980), where it upheld section 836.05 against a constitutional challenge. The court wrote:

"The extortion statute prohibits only those utterances or communications which constitute malicious threats to do injury to another's person, reputation, or property. Furthermore, the threats must be made with the intent to extort money or the intent to compel another to act or refrain from acting against his will."

The court added: "we cannot sanction the use of threats to take legal action where those threats are made maliciously and with the intent to acquire pecuniary gain," and held that "section 836.05, Florida Statutes (1977), is constitutional." Section 836.05 itself contains no claim-of-right or lawful-demand exception in its text; the limits the court relied on are the malice and intent elements. In Tomlinson v. State, No. SC2021-1204 (Fla. Aug. 24, 2023), a case in which the defendant "threatened to ruin the reputation of two fellow real estate brokers unless they paid him," the Florida Supreme Court held that "maliciously," as used in section 836.05, means "intentionally and without any lawful justification." It disapproved an appellate decision that had read the word to require proof that the defendant acted with ill will, hatred, spite, or an evil intent, and it said Carricarte had not decided what the State must prove as to malice. How those elements apply to a particular demand is a question for a lawyer licensed in Florida.

Sextortion laws in Florida

Florida has no statute titled sextortion or sexual extortion among sections 836.05, 836.10, 836.12 through 836.14 and 784.049. The extortion statute's own threat list includes threats to "expose another to disgrace," to "expose any secret affecting another," and of "an injury to the... reputation of another," made with intent to extort money or any pecuniary advantage or to compel an act against the person's will.

Two other statutes carry felony grades when sexually explicit images are involved and the purpose is financial gain:

• Sexual cyberharassment, section 784.049. Under 784.049(3)(a), a person who "willfully and maliciously sexually cyberharasses another person" commits a first-degree misdemeanor. With one prior conviction, a second or subsequent sexual cyberharassment is a third-degree felony (784.049(3)(b)). Under 784.049(4)(a), a violation "for the purpose of pecuniary or any other financial gain" is a third-degree felony, and under 784.049(4)(b) a second or subsequent violation of that subsection is a second-degree felony.
• Promotion for gain, section 836.14(4). A person "who willfully promotes, through the use of print media, an Internet website, or other electronic means, for the purpose of pecuniary or any other financial gain, a sexually explicit image without consent of the identifiable person commits a felony of the second degree."

Section 784.049(7) also gives an aggrieved person a civil action for injunctive relief, "monetary damages to include $10,000 or actual damages incurred as a result of a violation of this section, whichever is greater," punitive damages, and reasonable attorney fees and costs.

If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and image-removal steps. For Florida's separate rules on sexual deepfakes and image sharing, see Florida deepfake laws and revenge porn laws by state.

Related Florida offenses people confuse with extortion

• Written or electronic threats, section 836.10. This offense needs no demand. Section 836.10(2) makes it a second-degree felony to send, post or transmit a writing or electronic record, "in any manner in which it may be viewed by another person," that threatens to "(a) Kill or to do bodily harm to another person; or (b) Conduct a mass shooting or an act of terrorism."
• Threats or harassment of officials, section 836.12. Knowingly and willfully threatening listed officials (among them law enforcement officers, state attorneys, firefighters, judges, court staff and elected officials), or a family member of such a person, with death or serious bodily harm is a first-degree misdemeanor, and a third-degree felony on a second or subsequent violation (836.12(2)). Knowingly and willfully harassing those officials with intent to intimidate or coerce them to perform or refrain from performing a lawful duty is a first-degree misdemeanor (836.12(3)).
• Extortion by officers of the state, section 839.11. A fee-overcharging misdemeanor by public officers, described above; it does not involve threats.
• Scams and fraud. Florida's fraud statutes are covered on our Florida scam and fraud laws page.

Recent changes

Chapter 2025-84, Laws of Florida (CS/CS/HB 1451), effective October 1, 2025, amended section 784.049 to make sexual cyberharassment for financial gain a felony (784.049(4)) and to add punitive damages to the civil action. Subsection (2) of section 836.05, the first-degree foreign-agent version, was added in 2023 by chapter 2023-33, Laws of Florida, the section's most recent amendment. The 2026 Legislature's CS/CS/HB 1159 (chapter 2026-20), which took effect July 1, 2026, amended sections 836.13 and 836.14 and reprints 836.05 in the offense severity chart without changing its text.

Federal law

Federal law also reaches interstate threats and extortion, separately from Florida's statute; our extortion laws hub covers the federal offenses.

Related pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Florida?

Yes. Florida charges blackmail-type threats as extortion under Fla. Stat. 836.05, a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000. No Florida offense is named blackmail.

Is extortion a felony in Florida?

Yes. Section 836.05(1) makes extortion a felony of the second degree without any minimum amount, and 836.05(2) makes it a first-degree felony when committed by a foreign agent with intent to benefit a foreign country of concern.

Does the demand have to be for money?

No. Section 836.05(1) covers threats made with intent to extort money or any pecuniary advantage, and also threats made with intent to compel the person threatened, or any other person, to do or refrain from doing any act against his or her will.

Is it extortion in Florida to threaten legal action unless someone pays?

In Carricarte v. State (1980), the Florida Supreme Court stated that it could not sanction the use of threats to take legal action where those threats are made maliciously and with the intent to acquire pecuniary gain. In Tomlinson v. State (2023), the court held that maliciously in section 836.05 means intentionally and without any lawful justification. Whether a specific demand meets the statute's malice and intent elements is a question for a Florida lawyer.

Is sextortion a crime in Florida?

Florida has no offense titled sextortion among its threat and image statutes. Section 836.05 lists threats to expose another to disgrace, to expose any secret affecting another, and to injure reputation, made with intent to extort money or compel an act, and sexual cyberharassment for financial gain (784.049(4)) and promoting a sexually explicit image for financial gain without consent (836.14(4)) are felonies.

Does a threat by text message count?

Section 836.05 applies to threats made verbally or by a written or printed communication. A separate statute, 836.10, makes it a second-degree felony to send or post a writing or electronic record threatening to kill or do bodily harm, or to conduct a mass shooting or act of terrorism.