Is Blackmail Illegal in New Mexico? Extortion Laws and Penalties

Blackmail is a crime in New Mexico, charged as extortion under NMSA 1978, 30-16-9. Extortion is communicating any threat to another, by any means, with intent to wrongfully obtain anything of value or to wrongfully compel the person threatened to act or refrain from acting against his will, and it is a third degree felony. New Mexico's Criminal Code does not use the word blackmail as an offense name.

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

Jurisdiction scope: This article covers New Mexico's extortion statute (NMSA 1978, 30-16-9), the basic sentences and fines for noncapital felonies in 31-18-15, attempt (30-28-1), and related offenses: robbery (30-16-2), unauthorized distribution of sensitive images (30-37A-1), sexual exploitation of children (30-6A-3), telephone extortion attempts (30-20-12) and extortionate credit (30-43-3 to 30-43-5). It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), image-sharing crimes in other states (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 New Mexico?

New Mexico has one crime named extortion in its Criminal Code. Section 30-16-9 begins:

"Extortion consists of the communication or transmission of any threat to another by any means whatsoever with intent thereby to wrongfully obtain anything of value or to wrongfully compell [compel] the person threatened to do or refrain from doing any act against his will."

Three features of that definition matter:

• Any means. The threat can be communicated or transmitted "by any means whatsoever," which covers spoken, written and electronic threats alike.
• Money is not required. The intent can be to obtain "anything of value" or to compel the person threatened "to do or refrain from doing any act against his will."
• The offense is defined by the threat and the intent. The statute defines extortion as the communication of a threat with the required intent. Its text does not require that anything actually be handed over.

Under NMSA 30-28-1, an attempt to commit a third degree felony, such as extortion, is a fourth degree felony, which carries a basic sentence of eighteen months under 31-18-15.

Is blackmail a separate crime in New Mexico?

No. The offense name in Chapter 30 of the NMSA is extortion. Blackmail is the everyday word for conduct such as demanding money to keep a secret, which New Mexico charges under 30-16-9 when its elements are met.

What kinds of threats count?

Section 30-16-9 states that "any of the following acts shall be sufficient to constitute a threat under this section":

• "a threat to do an unlawful injury to the person or property of the person threatened or of another";
• "a threat to accuse the person threatened, or another, of any crime";
• "a threat to expose, or impute to the person threatened, or another, any deformity or disgrace";
• "a threat to expose any secret affecting the person threatened, or another"; or
• "a threat to kidnap the person threatened or another."

Each kind of threat can be aimed at the person threatened or at someone else, such as a family member.

New Mexico extortion penalties

Section 30-16-9 ends: "Whoever commits extortion is guilty of a third degree felony." The penalty comes from NMSA 1978, 31-18-15, which sets the basic sentence for a third degree felony at "three years imprisonment" and, under subsection (E)(11), allows the court to add a fine not to exceed "five thousand dollars ($5,000)" for a third or fourth degree felony.

The basic sentence is the default term, not a cap. Under 31-18-15(B) and 31-18-15.1, the judge may alter it after a sentencing hearing on findings of mitigating or aggravating circumstances, by no more than one-third of the basic sentence (one year for a three-year basic sentence).

Is extortion a felony in New Mexico?

Yes. Section 30-16-9 makes every extortion a third degree felony. The section has no value tiers and no misdemeanor grade. A separate statute, 30-20-12, makes an attempt by telephone to extort money or other thing of value a misdemeanor, or a fourth degree felony after a prior conviction. Under NMSA 30-1-6(A), a crime is a felony "if it is so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized."

Threats to sue, report someone, or post about them

Section 30-16-9 does not set out a separate exception for lawful demands or claims of right. The word "wrongfully" appears in the intent element: the threat must be made with intent to "wrongfully obtain" anything of value or to "wrongfully compel" an act. The section does not define "wrongfully."

The threat list includes "a threat to accuse the person threatened, or another, of any crime," a threat to expose "any secret," and a threat to expose or impute "any deformity or disgrace." It does not separately name a threat to file a lawsuit or to post a review. How those words apply to a particular demand is a question for a lawyer licensed in New Mexico.

Sextortion laws in New Mexico

Chapter 30 of the NMSA contains no offense named sextortion or sexual extortion. Section 30-16-9 lists "a threat to expose any secret affecting the person threatened, or another" and a threat to expose or impute "any deformity or disgrace." A threat of that kind, made with intent to wrongfully obtain anything of value or to wrongfully compel an act, falls within the extortion statute and is a third degree felony.

When the person targeted is a minor, New Mexico's sexual exploitation of children statute also applies. Under NMSA 30-6A-3(D), intentionally causing or permitting a child under 18 to engage in a prohibited sexual act or simulation, knowing, having reason to know or intending that it may be recorded, is a third degree felony for sexual exploitation of children, or a second degree felony if the child is under 13. Section 31-18-15 sets basic sentences of eleven and twelve years for those grades, and manufacturing such material is a second degree felony under 30-6A-3(E).

Actually sharing intimate images is a separate crime. Under NMSA 30-37A-1, unauthorized distribution of sensitive images consists of "distributing, publishing or otherwise making available, by an electronic communications device or other means, sensitive images of a person, with or without information identifying that person, without that person's consent," with intent such as to "harass, humiliate or intimidate that person," among the intents the statute lists. Whoever commits it "is guilty of a misdemeanor," and "upon a second or subsequent conviction, the offender is guilty of a fourth degree felony." The conduct must also be such that it would cause a reasonable person to suffer substantial emotional distress. Under NMSA 31-19-1, a misdemeanor carries a definite county-jail term of less than one year, a fine of up to $1,000, or both; a fourth degree felony has a basic sentence of eighteen months under 31-18-15.

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

Related New Mexico offenses people confuse with extortion

• Robbery, 30-16-2. "Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of force or violence." It is a third degree felony; robbery while armed with a deadly weapon is a second degree felony for a first offense and a first degree felony for second and subsequent offenses. The taking from the person or their immediate control is what separates it from extortion, which turns on a communicated threat.
• Unauthorized distribution of sensitive images, 30-37A-1. Covered above, this offense is about distributing the images, not about a demand.
• Use of telephone to terrify, intimidate, threaten or harass, 30-20-12. The section makes it unlawful "to attempt by telephone to extort money or other thing of value from any other person" and to telephone someone threatening injury to a person or property. It is a misdemeanor, or a fourth degree felony after a prior conviction for this offense or an equivalent out-of-state or federal offense.
• Extortionate credit transactions, 30-43-3 to 30-43-5. Making, financing, or collecting a loan by "extortionate means" (the use, or an express or implicit threat of use, of violence or other criminal acts other than petty misdemeanors to cause harm to the person, reputation or property of any person) is a third degree felony.

Theft offenses in general are covered on our New Mexico theft laws page, and threats of violence that are not tied to a demand on our New Mexico assault and battery laws page.

Recent changes

Section 30-16-9 traces to Laws 1963, ch. 303, and the official compilation lists no later amendment to it. Section 30-37A-1 was enacted by Laws 2015, ch. 42, effective July 1, 2015.

Federal law

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

Related pages

• Extortion and blackmail laws by state
• New Mexico theft laws
• New Mexico deepfake laws
• New Mexico assault and battery laws
• Sextortion scams: what to do

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in New Mexico?

Yes. New Mexico charges it as extortion under NMSA 1978, 30-16-9: communicating a threat, such as a threat to expose a secret or a disgrace, with intent to wrongfully obtain anything of value or compel an act. It is a third degree felony.

Is extortion a felony in New Mexico?

Yes. Section 30-16-9 states that whoever commits extortion is guilty of a third degree felony. NMSA 31-18-15 sets a basic sentence of three years imprisonment for a third degree felony, which the judge may alter by up to one-third on mitigating or aggravating findings, and allows a fine of up to $5,000.

Does extortion in New Mexico require a demand for money?

No. Section 30-16-9 covers a threat made with intent to wrongfully obtain anything of value or to wrongfully compel the person threatened to do or refrain from doing any act against his will.

Is threatening to report someone to the police extortion in New Mexico?

The threat list in 30-16-9 includes a threat to accuse the person threatened, or another, of any crime. The threat must be made with intent to wrongfully obtain anything of value or wrongfully compel an act.

Is sextortion a crime in New Mexico?

New Mexico's Criminal Code has no offense named sextortion. Section 30-16-9 lists threats to expose any secret or to expose or impute any disgrace, so a threat of that kind made with intent to wrongfully obtain something of value or compel an act falls within the extortion statute, a third degree felony. If the person targeted is a child under 18, the sexual exploitation of children statute, 30-6A-3, can also apply.