Is Blackmail Illegal in Illinois? Intimidation, Theft by Threat (2026)

Illinois has no crime called extortion or blackmail. Instead, the Criminal Code of 2012 reaches the conduct two ways: intimidation under 720 ILCS 5/12-6, a Class 3 felony that covers threats used to make someone do or not do something, and theft by threat under 720 ILCS 5/16-1(a)(3), which covers obtaining property by threat and is graded by the value taken. Illinois also has no criminal offense titled sextortion, although a civil statute lets a person sue over a threat to share a private sexual image, and the child pornography and grooming statutes reach getting sexual images from a child.

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

Jurisdiction scope: This article covers Illinois intimidation (720 ILCS 5/12-6) and aggravated intimidation (12-6.2), theft by threat (16-1(a)(3) with the threat definition in 15-5), the felony and misdemeanor sentencing sections of the Unified Code of Corrections (730 ILCS 5/5-4.5-30 through 5-4.5-55), and the civil remedy in 740 ILCS 190, with shorter notes on the child pornography (11-20.1) and grooming (11-25) offenses. 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 sharing private sexual images itself (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 Illinois?

Illinois law uses two offenses where other states use the word extortion.

Intimidation (720 ILCS 5/12-6) is about compelling behavior. Section 12-6(a) reads:

"A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means, a threat to perform without lawful authority any of the following acts: (1) Inflict physical harm on the person threatened or any other person or on property; or (2) Subject any person to physical confinement or restraint; or (3) Commit a felony or Class A misdemeanor; or (4) Accuse any person of an offense; or (5) Expose any person to hatred, contempt or ridicule; or (6) Take action as a public official against anyone or anything, or withhold official action, or cause such action or withholding; or (7) Bring about or continue a strike, boycott or other collective action."

The intent element is "to cause another to perform or to omit the performance of any act." The statute does not require a demand for money or property, and the threatened act must be one the person would perform "without lawful authority."

Theft by threat (720 ILCS 5/16-1(a)(3)) is about getting property. Under 16-1(a), "A person commits theft when he or she knowingly: ... (3) Obtains by threat control over property of the owner." It is graded with the rest of Illinois theft, by value. Our Illinois theft laws page covers the full theft scheme.

Is blackmail a separate crime in Illinois?

No. The Criminal Code of 2012 contains no offense named blackmail or extortion. Blackmail is the everyday word for conduct Illinois charges as intimidation or theft by threat, such as threatening to reveal a secret unless someone pays.

Illinois extortion penalties

The ranges come from the Unified Code of Corrections. A Class 3 felony carries "a determinate sentence of not less than 2 years and not more than 5 years," or 5 to 10 years for an extended term (730 ILCS 5/5-4.5-40(a)). A Class 2 felony carries 3 to 7 years, or 7 to 14 years extended (5-4.5-35(a)). A Class 1 felony carries 4 to 15 years, "subject to Section 5-4.5-115" (5-4.5-30(a)). A Class A misdemeanor carries "a determinate sentence of less than one year" and a fine of up to $2,500 or the amount specified in the offense, whichever is greater (5-4.5-55). Felony fines may reach "$25,000 or the amount specified in the offense, whichever is greater" (5-4.5-50(b)).

The intimidation sentence: two numbers in the statutes

Section 12-6(b) states: "Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years." The general sentencing section for every Class 3 felony, 730 ILCS 5/5-4.5-40(a), sets a standard term of 2 to 5 years and reserves 5 to 10 years for an extended term under 5-8-2. Both provisions are in force. Section 12-6(b) does not say whether its 10-year maximum is a standard or an extended term; its 2-to-10-year span matches the full Class 3 range in 5-4.5-40(a), standard and extended terms combined. A lawyer licensed in Illinois can explain how courts apply them in a given case.

How theft by threat is graded

Theft by threat follows the value tiers in 16-1(b). Among them:

• "Theft of property not from the person and not exceeding $500 in value is a Class A misdemeanor" (16-1(b)(1)).
• The same theft is a Class 4 felony if it "was committed in a school or place of worship or if the theft was of governmental property" (16-1(b)(1.1)), or if the person was previously convicted of any type of theft, robbery, burglary, forgery or another offense listed in 16-1(b)(2).
• "Theft of property from the person not exceeding $500 in value, or theft of property exceeding $500 and not exceeding $10,000 in value, is a Class 3 felony" (16-1(b)(4)).
• Over $10,000 to $100,000 is a Class 2 felony; over $100,000 to $500,000 is a Class 1 felony (16-1(b)(5), (6)).
• Over $500,000 to $1,000,000 is "a Class 1 non-probationable felony," and over $1,000,000 is "a Class X felony" (16-1(b)(6.2), (6.3)).
• A theft in a school or place of worship, or of governmental property, moves up one class in the higher tiers: Class 2 instead of Class 3, Class 1 instead of Class 2, and Class X for property over $100,000 (16-1(b)(4.1), (5.1), (6.1)).

Section 16-1(f)(1) adds that "It is no defense to a charge of theft of property that the offender has an interest therein, when the owner also has an interest to which the offender is not entitled."

Is extortion always a felony in Illinois?

Intimidation is. Section 12-6(b) makes it a Class 3 felony with no value threshold, and the section has no misdemeanor form. Theft by threat depends on the property. Under 16-1(b)(1), property not from the person worth $500 or less is a Class A misdemeanor, unless the person has a prior theft or other conviction listed in 16-1(b)(2) or the theft was in a school or place of worship or of governmental property (16-1(b)(1.1)), which makes it a Class 4 felony; property taken from the person, or worth more than $500, falls in the felony tiers of 16-1(b)(4) through (6.3). Our Illinois theft laws page covers the other grading rules in 16-1(b).

What kinds of threats count?

The two offenses use different lists.

For intimidation, the seven threats in 12-6(a) are to inflict physical harm on a person or property; subject a person to physical confinement or restraint; commit a felony or Class A misdemeanor; "Accuse any person of an offense"; "Expose any person to hatred, contempt or ridicule"; take or withhold action as a public official; or bring about or continue a strike, boycott or other collective action.

For theft by threat, section 15-5 defines "threat" for Part C of the Code (the property offenses) as "a menace, however communicated, to":

1. Inflict physical harm on the person threatened or any other person or on property.
2. Subject any person to physical confinement or restraint.
3. Commit any criminal offense.
4. Accuse any person of a criminal offense.
5. Expose any person to hatred, contempt or ridicule.
6. "Harm the credit or business repute of any person."
7. "Reveal any information sought to be concealed by the person threatened."
8. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding.
9. Bring about or continue a strike, boycott or other similar collective action "if the property is not demanded or received for the benefit of the group which he purports to represent."
10. Testify or provide information, or withhold testimony or information, "with respect to another's legal claim or defense."
11. "Inflict any other harm which would not benefit the offender."

The theft list is broader: harm to credit or business repute and revealing concealed information appear in 15-5 but not in 12-6. Neither list names immigration status. The 15-5 definition applies "As used in this Part C," so it governs theft and the other property offenses, not intimidation.

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

Both lists include a threat to accuse a person of an offense (12-6(a)(4) and 15-5(d)), and the theft list includes a threat to "Harm the credit or business repute of any person" (15-5(f)) and threats about testimony or information "with respect to another's legal claim or defense" (15-5(j)). Neither list names a threat to file a lawsuit. Intimidation covers a threat to perform a listed act "without lawful authority."

Whether a particular demand falls within these statutes depends on its facts and is a question for a lawyer licensed in Illinois.

Sextortion laws in Illinois

The Criminal Code of 2012 contains no offense titled sextortion or sexual extortion. The general offenses above are written in broad terms: intimidation lists a threat to "Expose any person to hatred, contempt or ridicule," and the theft threat definition lists a threat to "Reveal any information sought to be concealed by the person threatened."

Other Illinois statutes deal with sexual images:

• Criminal: non-consensual dissemination of private sexual images, 720 ILCS 5/11-23.5. This offense is about intentionally disseminating such an image; its text has no threat or demand element. Under 11-23.5(f) it is "a Class 4 felony."
• When the person targeted is under 18: child pornography, 720 ILCS 5/11-20.1(a)(4). It is an offense to solicit, persuade, entice or coerce a child the person knows or reasonably should know is under 18 to appear in a photograph, film, video or computer depiction of the sexual acts or poses listed in the statute. Under 11-20.1(c) that is a Class 1 felony (4 to 15 years), or a Class X felony (6 to 30 years) if it involves a film, videotape or other moving depiction, with a fine of $2,000 to $100,000.
• Grooming, 720 ILCS 5/11-25. Grooming includes knowingly using the internet, an electronic device, written communication or an in-person act to seduce, solicit, lure or entice a child under 17 "to distribute photographs depicting the sex organs of the child," by a person 5 or more years older than the child or in a position of trust, authority or supervision over the child. It is a Class 4 felony (11-25(b)).
• Civil: 740 ILCS 190/10(a). A depicted individual who "is identifiable to a reasonable person and suffers harm from the intentional dissemination or threatened dissemination by a person over the age of 18 of a private or intentionally digitally altered sexual image without the depicted individual's consent" has a cause of action against that person, when the person "knew or recklessly disregarded" the conditions the section lists. Section 10 in its current form comes from Public Act 103-294, effective January 1, 2024.

Section 15 of the civil act states that a person is not liable if the person proves the dissemination or threat was made in good faith by law enforcement, in a legal proceeding, or for medical education or treatment; made in good faith "in the reporting or investigation of: (A) unlawful conduct; or (B) unsolicited and unwelcome conduct"; or "related to a matter of public concern."

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

Related Illinois offenses people confuse with extortion

• Aggravated intimidation, 720 ILCS 5/12-6.2. A higher grade of intimidation when it is committed for an organized gang, to keep someone from becoming a community policing volunteer, or against a known peace officer, correctional employee, firefighter, community policing volunteer or civilian who reported a forcible felony, in connection with their duties or report (12-6.2(a)): "Aggravated intimidation as defined in paragraph (a)(1) is a Class 1 felony. Aggravated intimidation as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony for which the offender may be sentenced to a term of imprisonment of not less than 3 years nor more than 14 years."
• Stalking by threats, 720 ILCS 5/12-7.3(a-7). This needs no demand. "A person commits stalking when he or she knowingly makes threats that are a part of a course of conduct and is aware of the threatening nature of his or her speech." Stalking is a Class 4 felony; a second or subsequent conviction is a Class 3 felony (12-7.3(b)).
• Scams. Threat-based scams can also involve Illinois fraud offenses; see Illinois scam and fraud laws.

Federal law

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

Related pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Illinois?

Illinois has no offense named blackmail. Threats used to make someone act or pay are charged as intimidation under 720 ILCS 5/12-6, a Class 3 felony, or as theft by threat under 720 ILCS 5/16-1(a)(3), graded by the value of the property.

Is extortion a felony in Illinois?

Intimidation under 720 ILCS 5/12-6 is a Class 3 felony in every case. Theft by threat is a Class A misdemeanor under 16-1(b)(1) when the property is not from the person and is worth $500 or less, unless a Class 4 felony rule applies: a prior theft or other listed conviction (16-1(b)(2)), or a theft in a school or place of worship or of governmental property (16-1(b)(1.1)). It is a felony when taken from the person or worth more than $500 (16-1(b)(4) through (6.3)).

What is the penalty for intimidation in Illinois?

Section 12-6(b) makes intimidation a Class 3 felony with a stated term of not less than 2 and not more than 10 years. The general Class 3 range in 730 ILCS 5/5-4.5-40 is 2 to 5 years, or 5 to 10 for an extended term, and felony fines can reach $25,000 under 5-4.5-50(b).

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

Both Illinois threat lists include a threat to accuse a person of an offense: 12-6(a)(4) for intimidation and 15-5(d) for theft by threat. Intimidation applies to a threat to perform a listed act without lawful authority. How a particular demand fits these statutes is a question for an Illinois lawyer.

Is sextortion a crime in Illinois?

Illinois has no criminal offense titled sextortion. Intimidation lists threats to expose any person to hatred, contempt or ridicule, and the theft threat definition lists revealing information sought to be concealed; separately, 740 ILCS 190 gives a civil claim for threatened dissemination of a private sexual image by a person over 18. When the person targeted is under 18, coercing the child to appear in a sexual photograph or video is child pornography under 720 ILCS 5/11-20.1(a)(4), a Class 1 or Class X felony.

Does the threat have to be in person?

No. Section 12-6(a) covers a threat communicated to another directly or indirectly by any means, and 15-5 defines threat for theft as a menace, however communicated.