Montana
Is Blackmail Illegal in Montana? Extortion Laws and Penalties
Independently fact-checked against primary sources (last audited October 17, 2026). · 8 primary sources cited on this page. How we verify our legal content
Blackmail is a crime in Montana, but the state charges it under other names. The Montana Code Annotated has no offense called extortion or blackmail; purposely or knowingly obtaining control over someone else's property "by threat" is theft under Mont. Code Ann. 45-6-301(2), and a separate electronic-communications statute, 45-8-213, makes it an offense to attempt to extort money by electronic communication or to threaten to disclose intimate images to obtain money. Threats used to force someone to act, without any property changing hands, can be intimidation under 45-5-203. When the image is of a child engaging in sexual conduct, threatening to release it to get more images, anything of value, or a crime is sexual abuse of children under 45-5-625(1)(j).
Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Montana statutes on theft by threat (Mont. Code Ann. 45-6-301 and the definition of threat in 45-2-101), intimidation (45-5-203), the extortion and intimate-image provisions of violating privacy in communications (45-8-213(1)(b), (1)(d) and (1)(e)), the child-image threat offense in sexual abuse of children (45-5-625(1)(j)), robbery (45-5-401) and attempt (45-4-103). It does not cover the recording-consent provisions of 45-8-213, what to do if you are being threatened or how to get images removed (see our sextortion scams guide), image-sharing crimes generally (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or city and county ordinances.
What is extortion in Montana?
Montana reaches extortion through three statutes, none of them titled extortion or blackmail:
- Theft by threat, 45-6-301(2). "A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property." Montana defines property in 45-2-101 as "a tangible or intangible thing of value."
- Intimidation, 45-5-203. A threat of physical harm, confinement or a felony used to make someone act or refrain from acting. No property is required.
- Violating privacy in communications, 45-8-213. This section uses the word extort: it covers a person who "uses an electronic communication to attempt to extort money or any other thing of value from a person," and it covers threats to disclose intimate images to obtain money.
Blackmail is the everyday word for the conduct these statutes cover; it is not the name of a Montana offense.
A demand that does not succeed can be charged as an attempt. Under 45-4-103(1), "A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense," and under 45-4-103(3) a person convicted of attempt "shall be punished not to exceed the maximum provided for the offense attempted." Section 45-4-103(4) adds that "A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of criminal purpose, the person avoided the commission of the offense attempted by abandoning the person's criminal effort."
What kinds of threats count?
Montana's general definitions section, 45-2-101, applies across Title 45 unless a statute specifies otherwise. It defines "threat" as "a menace, however communicated, to:"
- "(a) inflict physical harm on the person threatened or any other person or on property;"
- "(b) subject any person to physical confinement or restraint;"
- "(c) commit a criminal offense;"
- "(d) accuse a person of a criminal offense;"
- "(e) expose a person to hatred, contempt, or ridicule;"
- "(f) harm the credit or business repute of a person;"
- "(g) reveal information sought to be concealed by the person threatened;"
- "(h) take action as an official against anyone or anything, withhold official action, or cause the action or withholding;"
- "(i) bring about or continue a strike, boycott, or other similar collective action if the person making the threat demands or receives property that is not for the benefit of groups that the person purports to represent; or"
- "(j) testify or provide information or withhold testimony or information with respect to another's legal claim or defense."
The definition does not name threats about immigration status as a separate item. Intimidation under 45-5-203 uses a narrower list of its own, covered below.
Montana extortion penalties
| Offense | Statute | What it prohibits | Class | Statutory penalty range |
|---|---|---|---|---|
| Theft by threat, over $1,500 | Mont. Code Ann. 45-6-301(2), (7)(b) | Obtaining control over property worth more than $1,500 by threat, with a listed purpose or effect of depriving the owner | Graded by value | Up to 10 years in a state prison, a $50,000 fine, or both |
| Theft by threat, $1,500 or less | 45-6-301(2), (7)(a) | Same, property worth $1,500 or less | Graded by value | First or second offense: up to 6 months in the county jail, a $1,500 fine, or both. Third or subsequent: a $1,500 fine and 30 days to 6 months in the county jail |
| Intimidation | 45-5-203 | Communicating a threat to inflict physical harm, confine or restrain, or commit any felony, to make another act or refrain from acting | Set by the section | Up to 10 years in the state prison, a $50,000 fine, or both |
| Attempt to extort by electronic communication | 45-8-213(1)(b), (4) | Using an electronic communication to attempt to extort money or any other thing of value | Set by the section | First conviction: up to 6 months in the county jail, a $500 fine, or both. Second conviction: up to 1 year in the county jail, a $1,000 fine, or both. Third or subsequent: up to 5 years in the state prison, a $10,000 fine, or both |
| Intimate-image threat or disclosure to obtain money | 45-8-213(1)(d), (1)(e), (4) | Disclosing, or possessing and threatening to disclose, real or digitally fabricated intimate images of an identifiable person without consent, with a listed purpose that includes obtaining money or other valuable consideration | Misdemeanor (first offense); felony (second or subsequent) | First offense: up to 6 months in the county jail, a $500 fine, or both. Second or subsequent: up to 5 years, a $25,000 fine, or both |
| Sexual abuse of children, threat to release a child's sexual image | 45-5-625(1)(j), (2), (4) | Knowingly threatening to release, exhibit, or distribute an image or video of a child engaging in sexual conduct to compel more images, obtain any item of value, or coerce a child to commit or facilitate a crime | Set by the section | Life or up to 100 years in the state prison and a fine of up to $10,000; at least 4 years if the child is under 16; longer mandatory terms if the child is 12 or younger and the offender is an adult |
The theft rows show the general value tiers; 45-6-301(7) also sets different penalties in specific situations not covered here. Our Montana theft laws page covers theft grading in general. All figures are statutory maximums except the fixed fine and minimum jail term for a third theft offense of $1,500 or less and the minimum and mandatory prison terms shown for 45-5-625.
Is extortion a felony in Montana?
Theft by threat of property worth more than $1,500 can be a felony: 45-2-101(23) defines a felony as an offense in which the sentence imposed is death or imprisonment in a state prison for more than 1 year, and 45-6-301(7)(b) allows up to 10 years in a state prison, a fine of up to $50,000, or both. At $1,500 or less, a first or second offense is punished by up to 6 months in the county jail, a fine of up to $1,500, or both, a misdemeanor under 45-2-101(42). Intimidation carries up to 10 years in the state prison. For the intimate-image offenses, 45-8-213(4) states that a person "is guilty of a misdemeanor for a first offense" and "On a second or subsequent conviction of subsection (1)(d) or (1)(e), a person is guilty of a felony." A threat to release a child's sexual image under 45-5-625(1)(j) carries life imprisonment or up to 100 years in the state prison.
Threats to sue, report someone, or expose a secret
Montana's definition of threat expressly includes a menace to "accuse a person of a criminal offense," to "expose a person to hatred, contempt, or ridicule," to "harm the credit or business repute of a person," to "reveal information sought to be concealed by the person threatened," to take or withhold official action, and to "testify or provide information or withhold testimony or information with respect to another's legal claim or defense." Whether a particular demand falls within theft by threat is a question for a lawyer licensed in Montana.
Intimidation
Intimidation under 45-5-203(1) is Montana's offense for a threat used to compel conduct rather than to obtain property:
"A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts: (a) inflict physical harm on the person threatened or any other person; (b) subject any person to physical confinement or restraint; or (c) commit any felony."
Under 45-5-203(3), a person convicted "shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both." The section's list is limited to physical harm, confinement or restraint, and any felony.
Robbery under 45-5-401 is a related offense: a theft during which the person inflicts bodily injury, threatens to inflict bodily injury or puts a person in fear of immediate bodily injury, or "commits or threatens immediately to commit any felony other than theft." It carries 2 to 40 years in the state prison and a fine of up to $50,000.
Sextortion in Montana
Montana's criminal code has no section titled sextortion or sexual extortion. Two statutes reach threats involving intimate images: 45-8-213, the statute on violating privacy in communications, and, when the image is of a child, the sexual abuse of children statute, 45-5-625. Two subsections of 45-8-213 apply:
- 45-8-213(1)(e), added in 2025, covers a person who, "with the purpose to obtain money or other valuable consideration from an identifiable person without the consent of the person depicted, possesses and threatens to disclose real or digitally fabricated images or videos that show: (i) the visible genitals, anus, buttocks, or female breast if the nipple is exposed; or (ii) the person depicted engaged in a real or simulated sexual act."
- 45-8-213(1)(d) covers a person who, "with the purpose to terrify, intimidate, threaten, harass, or injure or to obtain money or other valuable consideration," publishes, distributes or discloses real or digitally fabricated intimate images of an identifiable person without the consent of the person depicted.
Under 45-8-213(4), a first offense under either subsection is a misdemeanor, punishable by up to $500, 6 months in the county jail, or both, and a second or subsequent conviction is a felony punishable by up to 5 years, a $25,000 fine, or both. Where property is obtained by such a threat, the conduct may also fall within theft by threat under 45-6-301, graded by value.
Section 45-8-213(2)(b) states that subsection (1)(d) does not apply to disclosures made in the public interest, including the reporting of unlawful conduct, disclosures in the course of law enforcement duties, including reporting to authorities, criminal or news reporting, legal proceedings or medical treatment, and certain other listed images and materials. The exclusion is written for (1)(d) and does not name (1)(e).
Sexual abuse of children, 45-5-625(1)(j). When the victim is a child, it is sexual abuse of children to knowingly threaten to release, exhibit, or distribute any image or video of a child engaging in sexual conduct, actual or simulated, in order to compel the child to provide additional images or videos, obtain any item of value, or coerce a child to commit or facilitate any crime. The penalty is life imprisonment or up to 100 years in the state prison and a fine of up to $10,000, with a minimum of 4 years when the child is under 16 (45-5-625(2)); when the child is 12 or younger and the offender is an adult, 45-5-625(4) generally requires a 100-year term, the first 25 years without parole. Section 45-5-625(1)(c) separately covers knowingly persuading, enticing or coercing a child under 16, by any means of communication, to engage in sexual conduct.
If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps. For Montana rules on AI-generated images, see Montana deepfake laws, and for image-sharing crimes nationwide, revenge porn laws by state.
Recent changes
- 2025: House Bill 514 (Ch. 686, Laws of 2025) amended 45-8-213. It added subsection (1)(e) on possessing and threatening to disclose intimate images to obtain money, the "obtain money or other valuable consideration" purpose in (1)(d), and coverage of digitally fabricated images.
Federal law
Federal law also reaches interstate threats and extortion, separately from Montana's statutes; our extortion laws hub covers the federal offenses.
Related pages
- Extortion and blackmail laws by state
- Montana theft laws
- Montana deepfake laws
- Montana scam and fraud laws
- Sextortion scams: what to do
- North Dakota extortion laws
- Idaho extortion laws
This article provides general legal information about Montana criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Montana.
Last updated: October 17, 2026.
Frequently Asked Questions
Is blackmail illegal in Montana?
Yes. Montana has no offense titled blackmail, but purposely or knowingly obtaining control over another's property by threat, with a purpose or effect of depriving the owner, is theft under Mont. Code Ann. 45-6-301(2), and threat is defined broadly in 45-2-101.
What is the penalty for extortion in Montana?
Theft by threat of property worth more than $1,500 carries up to 10 years in a state prison, a $50,000 fine, or both. At $1,500 or less, a first or second offense generally carries up to 6 months in the county jail, a $1,500 fine, or both (45-6-301(7)).
Is threatening to share someone's nude photos for money a crime in Montana?
Yes. Under 45-8-213(1)(e), possessing and threatening to disclose real or digitally fabricated intimate images of an identifiable person, without that person's consent, to obtain money or other valuable consideration is an offense. A first offense is a misdemeanor; a second or subsequent conviction is a felony punishable by up to 5 years, a $25,000 fine, or both. If the images show a child engaging in sexual conduct, threatening to release them to compel more images, obtain anything of value, or coerce a crime is sexual abuse of children under 45-5-625(1)(j), punishable by life imprisonment or up to 100 years in the state prison.
Is it a crime in Montana to threaten someone to make them do something?
It can be intimidation under 45-5-203 if the threat is to inflict physical harm, confine or restrain someone, or commit any felony, made with the purpose to cause another to perform or omit an act and under circumstances that reasonably tend to produce a fear it will be carried out. The penalty is up to 10 years in the state prison, a $50,000 fine, or both.
Is an unsuccessful extortion demand a crime in Montana?
Montana's attempt statute, 45-4-103, covers any act toward the commission of an offense done with the purpose to commit it, punished up to the maximum for the offense attempted. Separately, 45-8-213(1)(b) makes it an offense to use an electronic communication to attempt to extort money or any other thing of value.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 45
§ 45-6-301TheftIn forcecited in 3 of our articles
45-6-301. Theft. (1) A person commits the offense of theft when the person purposely or knowingly obtains or exerts unauthorized control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property. (2) A person commits the offense of theft when the person purposely or knowingly obtains by threat or deception control over property of the owner and: (a) has the purpose of depriving the owner of the property; (b) purposely or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (c) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Also relied on in: Montana Theft Laws: $1,500 Felony Threshold, Penalties and Shoplifting, Is Embezzlement a Felony in Montana? Theft and Forgery Penalties
§ 45-8-213Privacy In CommunicationsIn forcecited in 51 of our articles
45-8-213. Privacy in communications. (1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely: (a) with the purpose to terrify, intimidate, threaten, harass, or injure, communicates with a person by electronic communication and threatens to inflict injury or physical harm to the person or property of the person or makes repeated use of obscene, lewd, or profane language or repeated lewd or lascivious suggestions; (b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the communications are received; (c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation; (d) with the purpose to terrify, intimidate, threaten, harass, or injure or to obtain money or other valuable consideration, publishes, distributes, or discloses real or digitally fabricated printed or electronic photographs, pictures, images, or…
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):State v. Dugan (2013) struck the statute's prima facie intent clause as overbroad. State v. Brown (1988) noted the statute still bars recording without all participants' permission and rejected an overbreadth attack on its public-official exception. State v. DuBray (2003) found no violation where the defendant knew of the recording.
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)✓A man who phoned threats to kill his estranged wife's boyfriend argued he should have been charged under section 45-8-213(1)(a) instead of assault with a weapon. The court held the two statutes punish different conduct, so the charge was within prosecutorial discretion.
- State v. Dugan (Montana Supreme Court 2013, 369 Mont. 39)“…rbroad, the Court today strikes the prima facie language in § 45-8-213, MCA. However, a narrow application would be…”
- In re C.S. (Montana Supreme Court 1984, 210 Mont. 144)“…n of privacy in communication, a misdemeanor as provided in Section 45-8-213, MCA. The facts underlying the offense were…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Recording Laws (2026): Announcement Exception and Penalties, Montana Landlord-Tenant Recording Laws: Camera Rules, Privacy Rights, and Disputes (2026), Montana Security Camera Laws: Home, Business, and Surveillance Rules (2026)
§ 45-5-203IntimidationIn forcecited in 2 of our articles
45-5-203. Intimidation. (1) A person commits the offense of intimidation when, with the purpose to cause another to perform or to omit the performance of any act, the person communicates to another, under circumstances that reasonably tend to produce a fear that it will be carried out, a threat to perform without lawful authority any of the following acts: (a) inflict physical harm on the person threatened or any other person; (b) subject any person to physical confinement or restraint; or (c) commit any felony. (2) A person commits the offense of intimidation if the person knowingly communicates a threat or false report of a pending fire, explosion, or disaster that would endanger life or property. (3) A person convicted of the offense of intimidation shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. McCarthy (Montana Supreme Court 2004, 324 Mont. 1)“…was convicted of Intimidation, a felony, in violation of § 45-5-203, MCA, for threats made to probation and paro…”
- State v. Ross (Montana Supreme Court 1995, 269 Mont. 347)“…his conviction of intimida- tion, in violation of 5 45-5-203, MCA, in the Fourth Judicial District Court…”
- State v. Hawk (Montana Supreme Court 1997, 285 Mont. 183)“…Plenty Hawk was charged with Intimidation pursuant to õ 45-5-203, MCA (1995). He was tried by a jury on Sep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Sexting Laws: Legal Consequences and Penalties
§ 45-2-101General DefinitionsIn forcecited in 14 of our articles
45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title: (1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of communication, and when relevant, a failure or omission to take action. (2) "Administrative proceeding" means a proceeding the outcome of which is required to be based on a record or documentation prescribed by law or in which a law or a regulation is particularized in its application to an individual. (3) "Another" means a person or persons other than the offender. (4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or advantage, including benefit to another person or entity in whose welfare the beneficiary is interested. (b) Benefit does not include an advantage promised generally to a group or class of voters as a consequence of public measures that a candidate engages to support or oppose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Smith (Montana Supreme Court 2004, 322 Mont. 206)“…n the intended victim of the serious bodily injury. ¶34 Section 45-2-101, MCA, defines “another” as, simply, “a perso…”
- State v. Haser (Montana Supreme Court 2001, 304 Mont. 63)“…other person." Under the general definitions provided under § 45-2-101, MCA, "sexual intercourse" includes "penetra…”
- State v. Stevens (Montana Supreme Court 2002, 311 Mont. 52)“…ingness to act, pursuant to §§ 45-5-501(1)(b)(ii) and 45-2-101, MCA, which defines “physically helpless.” H…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Self-Defense Laws: Stand Your Ground & Castle Doctrine (2026), Stand Your Ground States: Rules in All 50 States and DC, Castle Doctrine States: Rules in All 50 States and DC
§ 45-4-103AttemptIn force
45-4-103. Attempt. (1) A person commits the offense of attempt when, with the purpose to commit a specific offense, the person does any act toward the commission of the offense. (2) It is not a defense to a charge of attempt that because of a misapprehension of the circumstances, it would have been impossible for the accused to commit the offense attempted. (3) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided for the offense attempted. (4) A person is not liable under this section if, under circumstances manifesting a voluntary and complete renunciation of criminal purpose, the person avoided the commission of the offense attempted by abandoning the person's criminal effort. (5) Proof of the completed offense does not bar conviction for the attempt.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
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Sources and References
- Mont. Code Ann. 45-6-301, Theft(mca.legmt.gov).gov
- Mont. Code Ann. 45-8-213, Privacy in communications(mca.legmt.gov).gov
- Mont. Code Ann. 45-5-203, Intimidation(mca.legmt.gov).gov
- Mont. Code Ann. 45-2-101, General definitions(mca.legmt.gov).gov
- Mont. Code Ann. 45-4-103, Attempt(mca.legmt.gov).gov
- House Bill 514 (Ch. 686, Laws of 2025), chaptered text(archive.legmt.gov).gov
- Mont. Code Ann. 45-5-625, Sexual abuse of children(mca.legmt.gov).gov
- Mont. Code Ann. 45-5-401, Robbery(mca.legmt.gov).gov
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