Is Blackmail Illegal in New Hampshire? Theft by Extortion Laws

Blackmail is a crime in New Hampshire, but it is charged as theft. Under RSA 637:1, extortion and blackmail are part of the single offense of theft, and obtaining another person's property through one of the threats listed in RSA 637:5 is "theft by extortion," graded under RSA 637:11 from a misdemeanor up to a class A felony.

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

Jurisdiction scope: This article covers New Hampshire criminal statutes on theft by extortion (RSA 637:1, 637:2, 637:5 and 637:11), attempt (RSA 629:1), nonconsensual dissemination of private sexual images (RSA 644:9-a), fraudulent use of deepfakes (RSA 638:26-a), the child sexual abuse image creation offenses (RSA 649-A:3-b and 649-A:3-c) and criminal threatening (RSA 631:4), with the sentencing rules in RSA 651:2 and 625:9. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), the sharing of intimate images in other states (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub) or town ordinances.

What is extortion in New Hampshire?

New Hampshire treats extortion as one way of committing theft. RSA 637:1 states:

"Conduct denominated theft in this chapter constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail, receiving stolen property."

RSA 637:5, titled "Theft by Extortion," supplies the rule: "A person is guilty of theft as he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof." Blackmail is the everyday word for much of this conduct; the charge is theft by extortion.

The chapter's definitions in RSA 637:2 give these terms a wide reach. "Property" means "anything of value," including real estate, tangible and intangible personal property, labor and services. A "purpose to deprive" includes the conscious object "To restore the property only upon payment of a reward or other compensation," so holding something back until a payment is made fits the definition.

What kinds of threats count?

Under RSA 637:5, II, "extortion occurs when a person threatens to":

1. "(a) Cause physical harm in the future to the person threatened or to any other person or to property at any time; or"
2. "(b) Subject the person threatened or any other person to physical confinement or restraint; or"
3. "(c) Engage in other conduct constituting a crime; or"
4. "(d) Accuse any person of a crime or expose him to hatred, contempt or ridicule; or"
5. "(e) Reveal any information sought to be concealed by the person threatened; or"
6. "(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or"
7. "(g) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or"
8. "(h) Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or"
9. "(i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships."

Paragraphs (d) and (e) cover the classic blackmail threats: accusing someone of a crime, exposing them to ridicule and revealing a secret. Paragraph (i) is a general provision for threatened acts that would not in themselves substantially benefit the person making the threat but would substantially harm another person in one of the listed respects.

New Hampshire extortion penalties

Theft by extortion is graded by RSA 637:11, which treats the type of threat and the value of the property as separate triggers.

The prison ranges come from RSA 651:2, II, which caps a sentence at "Fifteen years for a class A felony," "Seven years for a class B felony" and "One year for a class A misdemeanor." Under RSA 651:2, IV(a), a fine for an individual "may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor." RSA 651:2, IV(c) adds: "If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain."

RSA 637:11 lists other triggers for its class A and class B grades besides those shown here, and it describes each grade by its own conditions. The section does not state which paragraph controls when more than one describes the same theft; for example, a threat of physical harm that obtains property worth more than $1,500 meets the conditions of both I(a) (class A felony) and II(c) (class B felony).

Which misdemeanor?

RSA 637:11, III calls theft at $1,000 or less a misdemeanor without naming a class. Under RSA 625:9, IV(c), a misdemeanor without a stated class "shall be presumed to be a class B misdemeanor unless" one of three exceptions applies: an element of the offense involves an "act of violence" or "threat of violence" as defined in paragraph VII of that section; the State files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment; or the charge is filed directly in superior court.

Is extortion a felony in New Hampshire?

Often. A threat of future physical harm or of physical confinement or restraint makes theft by extortion a class B felony under 637:11, II(c). With the other threats, it is a felony when the property is worth more than $1,000 and a misdemeanor at $1,000 or less. An unsuccessful attempt carries the same exposure: under RSA 629:1, IV, "The penalty for attempt is the same as that authorized for the crime that was attempted," apart from attempted murder. For the value tiers in other forms of theft, see our New Hampshire theft laws page.

Threats to sue, report someone, or expose a secret

The threat list includes threats to "Accuse any person of a crime or expose him to hatred, contempt or ridicule," to "Reveal any information sought to be concealed by the person threatened," to testify or withhold testimony "with respect to another's legal claim or defense," and to take or withhold official action. It does not mention filing a lawsuit by name; paragraph (i) is the general provision for other harmful acts.

RSA 637:5 itself contains no exception for lawful demands or claims of right. Whether a particular demand meets the elements of the offense is a question for a lawyer licensed in New Hampshire.

Sextortion in New Hampshire

The theft, image and deepfake statutes covered here create no offense titled sextortion. The provisions below reach parts of the conduct:

• Theft by extortion, RSA 637:5. Obtaining money or other property through a threat to reveal intimate images can fall within 637:5, II(d), (e) or (i), graded under 637:11 as described above.
• Nonconsensual dissemination of private sexual images, RSA 644:9-a. Under 644:9-a, II(a), a person commits the offense when he or she, "Purposely, and with the intent to harass, intimidate, threaten, or coerce the depicted person, disseminates an image of such person," when the section's other elements are met. It is a class B felony under 644:9-a, VI. A 2024 amendment, effective January 1, 2025, brought synthetic images within the section. This offense turns on disseminating an image and contains no demand element.
• Fraudulent use of deepfakes, RSA 638:26-a. "A person is guilty of a class B felony if the person knowingly creates, distributes, or presents any likeness in video, audio, or any other media of an identifiable individual that constitutes a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to the identifiable person."
• Manufacture of child sexual abuse images, RSA 649-A:3-b. It is a crime to knowingly create, produce, manufacture or direct a visual representation of a child (defined in RSA 649-A:2, I to include any person under 18) engaging in or being engaged in sexually explicit conduct. A person with no previous conviction for this conduct may be sentenced to a maximum of 30 years; with a qualifying prior conviction, the sentence may be life imprisonment. Since January 1, 2026, RSA 649-A:3-c also makes it a class B felony to knowingly create, produce, manufacture or direct an intimate visual representation of an identifiable child for prurient purposes.

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

Criminal threatening is a different offense

Criminal threatening under RSA 631:4 needs no demand for property. Among its forms, a person is guilty when "The person threatens to commit any crime against the property of another with a purpose to coerce or terrorize any person" or "threatens to commit any crime against the person of another with a purpose to terrorize any person." The section grades some forms more severely; under 631:4, II(b), "All other criminal threatening is a misdemeanor." Our New Hampshire assault and battery laws page covers the bodily-harm offenses.

Recent changes

• January 1, 2026: 2025, 150:1 amended RSA 637:2, V so that, for grading theft, each gift card is valued at the highest amount listed on the card or its packaging, or $250 if none is listed. The same date, 2025, 259:1 created RSA 649-A:3-c on intimate visual representations of identifiable children.
• January 1, 2025: 2024 legislation took effect adding synthetic images to RSA 644:9-a (2024, 127:1, 2) and creating the deepfake offense in RSA 638:26-a (2024, 243:1).
• July 1, 2023: RSA 637:11, the theft grading section, was last amended (2023, 109:15).
• RSA 637:5, the theft by extortion section, has kept its original text since it took effect on November 1, 1973.

Federal law

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

Related pages

• Extortion and blackmail laws by state
• New Hampshire theft laws
• New Hampshire deepfake laws
• New Hampshire assault and battery laws
• Sextortion scams: what to do
• Maine extortion laws
• Vermont extortion laws

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in New Hampshire?

Yes. New Hampshire has no separate crime called blackmail; RSA 637:1 folds blackmail and extortion into the single offense of theft, and obtaining someone's property through a threat listed in RSA 637:5, II, such as revealing information the person wants concealed, is theft by extortion.

Is extortion a felony in New Hampshire?

Often, but not always. Theft by extortion through a threat of future physical harm or of confinement is a class B felony under RSA 637:11, II(c). For the other listed threats, it is a class A felony when the value exceeds $1,500, a class B felony when the value is more than $1,000 but not more than $1,500, and a misdemeanor when the value does not exceed $1,000.

What is the penalty for extortion in New Hampshire?

Under RSA 651:2, a class A felony carries up to 15 years and a class B felony up to 7 years, with a felony fine of up to $4,000, or up to double the amount gained when property was gained through the felony. A class A misdemeanor carries up to 1 year and a fine of up to $2,000; a class B misdemeanor carries a fine of up to $1,200.

Is threatening to reveal a secret extortion in New Hampshire?

RSA 637:5, II(e) lists a threat to reveal any information sought to be concealed by the person threatened, and II(d) lists a threat to expose any person to hatred, contempt or ridicule. Theft by extortion also requires obtaining or exercising control over property by the threat, with a purpose to deprive.

Does New Hampshire have a sextortion law?

The theft, image and deepfake statutes covered here create no offense titled sextortion. Obtaining property through a threat to reveal intimate images can be theft by extortion under RSA 637:5, purposely disseminating a private sexual image with intent to harass, intimidate, threaten or coerce is a class B felony under RSA 644:9-a when its elements are met, and a deepfake made for the purpose of extorting is a class B felony under RSA 638:26-a. Where the person targeted is a child, RSA 649-A:3-b makes it a crime to knowingly create, produce or direct a visual representation of a child engaging in sexually explicit conduct.