New York Extortion and Blackmail Laws: Larceny by Extortion (2026)

Blackmail is a crime in New York, but the Penal Law does not name an offense "blackmail" or "extortion." Obtaining property by threatening one of the harms listed in N.Y. Penal Law 155.05(2)(e) is larceny by extortion, and section 155.30(6) makes property obtained that way, "regardless of its nature and value," grand larceny in the fourth degree, a class E felony. When the threat is future physical injury, property damage or abuse of a public servant's position, the charge is grand larceny in the second degree, a class C felony, under section 155.40(2).

Threats used to force someone to do something, rather than to hand over property, are covered by New York's coercion statutes, including coercion in the third degree (section 135.60), coercion in the second degree (section 135.61) and coercion in the first degree (section 135.65).

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

Jurisdiction scope: This article covers New York Penal Law provisions on larceny by extortion (sections 155.05, 155.15, 155.30, 155.35, 155.40, 155.42 and 155.45), coercion in the third, second and first degrees (sections 135.60, 135.61 and 135.65), the coercion defense in section 135.75, the child sexual performance offense in section 263.05, the sentencing and fine sections for those classes, and related offenses people confuse with extortion. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), the posting of intimate images itself (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or local laws.

Is blackmail illegal in New York?

Yes. Blackmail is the everyday word for conduct New York charges as larceny by extortion, a form of stealing defined in Penal Law 155.05(2)(e). There is no separate crime titled extortion; a charge is brought as grand larceny, and section 155.45 requires that "Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment for larceny must so specify."

Larceny itself is defined in section 155.05(1):

"A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof."

Extortion is one of the ways a person can wrongfully obtain property under that definition.

How New York defines larceny by extortion

Section 155.05(2)(e) defines the offense and its full list of threats:

"(e) By extortion. A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: (i) Cause physical injury to some person in the future; or (ii) Cause damage to property; or (iii) Engage in other conduct constituting a crime; or (iv) Accuse some person of a crime or cause criminal charges or removal proceedings to be instituted against him or her; or (v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or (vi) Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or (vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or (viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or (ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to such other person's health, safety, business, calling, career, financial condition, reputation or personal relationships;"

Three features of that text matter to most readers:

• The property can go to anyone. The definition covers delivery "to himself or to a third person."
• The threatened harm can come from someone else. Each item is a fear that "the actor or another" will act.
• The truth of a secret does not take it outside the list. Item (v) covers exposing a secret or publicizing an asserted fact "whether true or false."

Is extortion a felony in New York?

Yes, whenever property is obtained by extortion. Section 155.30(6) provides that a person commits grand larceny in the fourth degree when "The property, regardless of its nature and value, is obtained by extortion," and states: "Grand larceny in the fourth degree is a class E felony."

That is the key difference from ordinary theft. Most New York larceny charges depend on the value taken (see our New York theft laws page for the value tiers), but for extortion the value sets only the upper grades. Property obtained by extortion is at least a class E felony at any value, and the value-based degrees of grand larceny still apply above that floor: grand larceny in the third degree, a class D felony, when "the value of the property exceeds three thousand dollars" (155.35(1)); in the second degree, a class C felony, when "The value of the property exceeds fifty thousand dollars" (155.40(1)); and in the first degree, a class B felony, when "The value of the property exceeds one million dollars" (155.42).

The grade rises for three kinds of threat. Under section 155.40(2), grand larceny in the second degree, "a class C felony," applies when the property, "regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse the actor's position as a public servant by engaging in conduct within or related to the actor's official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely."

New York extortion and coercion penalties

The prison figures come from Penal Law 70.00(2), which says that for a class C, D or E felony "the term shall be fixed by the court," and shall not exceed fifteen, seven or four years respectively; for a class B felony, section 70.00(2)(b) provides that the term "shall not exceed twenty-five years." Section 70.15(1) provides that a class A misdemeanor sentence "shall be a definite sentence" whose term "shall not exceed three hundred sixty-four days."

Fines come from section 80.00(1), under which a felony fine is an amount "fixed by the court, not exceeding the higher of a. five thousand dollars; or b. double the amount of the defendant's gain from the commission of the crime," and from section 80.05(1), which sets a class A misdemeanor fine of up to "one thousand dollars," and section 80.05(5), which allows a fine of up to double the defendant's gain from the offense instead.

Section 110.05(5) makes an attempt a "Class D felony when the crime attempted is a class C felony," so an attempt to commit grand larceny in the second degree by extortion is a class D felony.

What kinds of threats count?

The nine items in section 155.05(2)(e), quoted in full above, cover threats to:

1. Cause physical injury to some person in the future.
2. Damage property.
3. Commit some other crime.
4. Accuse someone of a crime, or cause criminal charges or removal proceedings against them.
5. Expose a secret or publicize an asserted fact, true or false, that would subject someone to hatred, contempt or ridicule.
6. Cause a strike, boycott or other collective labor action that hurts someone's business (not extortion when the property is demanded or received for the benefit of the group the actor claims to represent).
7. Testify, provide information, or withhold testimony or information about another person's legal claim or defense.
8. Use or abuse a public servant's position to affect someone adversely.
9. Do any other act that would not itself materially benefit the actor but is calculated to harm another person materially with respect to health, safety, business, calling, career, financial condition, reputation or personal relationships.

What must be obtained is property: the actor "compels or induces another person to deliver such property" to the actor or a third person. When the demand is for conduct instead of property, the coercion statutes below apply.

Coercion: threats that force someone to act

Coercion in the third degree, section 135.60, does not require any property. It applies when a person:

"compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, or compels or induces a person to produce, disseminate, or otherwise display an image or images depicting nudity of such person or depicting such person engaged in sexual conduct as defined in subdivisions two and three of section 235.20 of this chapter, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will..."

The threats listed in section 135.60 include to "1. Cause physical injury to a person; or 2. Cause damage to property; or 3. Engage in other conduct constituting a crime; or 4. Accuse some person of a crime or cause criminal charges to be instituted against him or her; or 5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule," and, as item 10, to "Report his or her immigration status or suspected immigration status." Items 6 through 9 track the extortion list: a strike or boycott (except where "the act or omission compelled is for the benefit of the group in whose interest the actor purports to act"), testimony or information about another's legal claim or defense, abuse of a public servant's position, and any other act "calculated to harm another person materially" with respect to health, safety, business, calling, career, financial condition, reputation or personal relationships. The statute closes: "Coercion in the third degree is a class A misdemeanor."

Coercion in the second degree, section 135.61, applies when a person commits coercion in the third degree "and thereby compels or induces a person to engage in vaginal sexual contact, oral sexual contact or anal sexual contact as such terms are defined in section 130.00." It "is a class E felony."

Coercion in the first degree, section 135.65, is a class D felony. It applies when a person commits coercion in the third degree and:

"1. He or she commits such crime by instilling in the victim a fear that he or she will cause physical injury to a person or cause damage to property; or 2. He or she thereby compels or induces the victim to: (a) Commit or attempt to commit a felony; or (b) Cause or attempt to cause physical injury to a person; or (c) Violate his or her duty as a public servant."

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

New York's statutes answer this only through the wording of the threat list and one narrow defense.

• Reporting a crime. Item (iv) of section 155.05(2)(e) lists a threat to "Accuse some person of a crime or cause criminal charges or removal proceedings to be instituted against him or her."
• The statutory defense for that threat. Section 155.15(2) states: "In any prosecution for larceny by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge." The defense is written for threats of a criminal charge only, and it requires both a reasonable belief that the charge is true and that sole purpose.
• The same defense for coercion. Section 135.75 states the same affirmative defense, in the same words, for prosecutions for coercion committed by instilling a fear that a person would be charged with a crime.
• Lawsuits and testimony. No item in the list names filing a civil lawsuit. Item (vii) lists a threat to "Testify or provide information or withhold testimony or information with respect to another's legal claim or defense," and item (ix) covers any other act "calculated to harm another person materially with respect to" interests that include "financial condition" and "reputation."
• Reviews and public statements. Item (v) lists a threat to "publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule."

Whether a particular demand falls within one of these items is a question for a lawyer licensed in New York.

Sextortion laws in New York

None of the Penal Law sections covered on this page is titled sextortion or sexual extortion. Threats involving intimate images fall under the general provisions, depending on what is demanded:

• A demand for money or other property. A threat to "Expose a secret or publicize an asserted fact" under section 155.05(2)(e)(v), made to obtain property, is larceny by extortion, at least a class E felony at any value under section 155.30(6), with higher degrees when the value exceeds $3,000, $50,000 or $1 million (155.35(1), 155.40(1), 155.42).
• A demand for more images or sexual images. Coercion in the third degree, section 135.60, expressly covers compelling or inducing a person "to produce, disseminate, or otherwise display an image or images depicting nudity of such person or depicting such person engaged in sexual conduct" by a listed threat. It is coercion in the second degree, a class E felony, when the coercion compels or induces vaginal, oral or anal sexual contact (section 135.61), and coercion in the first degree, a class D felony, when the threat is physical injury or property damage, or when the victim is compelled to commit a felony, cause physical injury or violate a public servant's duty (section 135.65).
• Actually posting the images. Section 245.15 separately covers a person who, "with intent to cause harm to the emotional, financial or physical welfare of another person," intentionally disseminates or publishes "a still or video image depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person." That offense does not require any demand.

The extortion and coercion provisions quoted on this page do not set a different grade based on the victim's age. Separately, Penal Law 263.05 makes it a class C felony to employ, authorize or induce a child less than seventeen years of age to engage in a sexual performance, and section 263.00(4) defines a performance to include any photograph.

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 New York's rules on AI-generated sexual images, see New York deepfake laws, and for image-sharing crimes in every state, see revenge porn laws by state.

Related New York offenses people confuse with extortion

• Robbery, section 160.00. Robbery involves a threat of immediate force, not a future harm: "Robbery is forcible stealing. A person forcibly steals property and commits robbery when, in the course of committing a larceny, he uses or threatens the immediate use of physical force upon another person." Extortion under item (i), by contrast, is a fear of physical injury "in the future."
• Menacing in the third degree, section 120.15. A threat with no demand attached. It applies when a person, "by physical menace," intentionally places or attempts to place another person "in fear of death, imminent serious physical injury or physical injury," and it "is a class B misdemeanor." For New York's other violence offenses, see New York assault laws.
• Unlawful dissemination of an intimate image, section 245.15. Covers the posting itself, described in the sextortion section above.
• Fraud and scams. Deception-based schemes are covered on our New York scam and fraud laws page.

Recent changes

In October 2021, the Governor's office announced the signing of S.2986A/A.324, which "expands the definition of coercion to include the production and distribution of intimate images." That change is the image language now in section 135.60.

Federal law

Federal law separately reaches extortion threats sent in interstate or foreign commerce, such as threats to injure reputation or to accuse someone of a crime under 18 U.S.C. 875(d); our extortion laws hub covers the federal offenses.

Related pages

• Extortion and blackmail laws by state
• New York theft laws
• New York deepfake laws
• New York scam and fraud laws
• Sextortion scams: what to do
• New Jersey extortion laws
• Connecticut extortion laws

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in New York?

Yes. New York charges blackmail as larceny by extortion under Penal Law 155.05(2)(e). Property obtained by extortion is grand larceny in the fourth degree, a class E felony, regardless of value (155.30(6)), or grand larceny in the second degree, a class C felony, when the threat is future physical injury, property damage or abuse of a public servant's position (155.40(2)). Higher degrees apply by value: class D over $3,000 (155.35(1)), class C over $50,000 (155.40(1)) and class B over $1 million (155.42).

Is extortion a felony in New York?

Yes, when property is obtained. Section 155.30(6) makes property obtained by extortion, regardless of its nature and value, a class E felony with a prison term of up to 4 years. Coercion without property is a class A misdemeanor in the third degree (135.60), a class E felony in the second degree when it compels sexual contact (135.61), and a class D felony in the first degree (135.65).

What is the penalty for extortion in New York?

Grand larceny in the fourth degree by extortion carries a prison term of up to 4 years, and grand larceny in the second degree by extortion up to 15 years. When the value exceeds $3,000, $50,000 or $1 million, the value-based degrees carry up to 7, 15 or 25 years (Penal Law 155.35(1), 155.40(1), 155.42, 70.00(2)). The felony fine is up to $5,000 or double the defendant's gain, whichever is higher (80.00(1)).

Is it still extortion in New York if the secret is true?

Section 155.05(2)(e)(v) lists a threat to expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule. The item applies whether the fact is true or false.

Is threatening to report someone to the police unless they pay extortion in New York?

Section 155.05(2)(e)(iv) lists a threat to accuse some person of a crime or cause criminal charges. Section 155.15(2) makes it an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel reasonable action to make good the wrong, and section 135.75 gives the same defense in coercion prosecutions. Whether that applies to a specific demand is a question for a New York lawyer.

Is sextortion a crime in New York?

None of the Penal Law sections covered here is titled sextortion. A threat to expose intimate images to obtain money falls under larceny by extortion (155.05(2)(e)(v)), and using a listed threat to compel someone to produce or display nude or sexual images of themselves is coercion under 135.60.

Is threatening someone over their immigration status a crime in New York?

Coercion in the third degree, Penal Law 135.60, lists a threat to report a person's immigration status or suspected immigration status when used to compel or induce conduct. It is a class A misdemeanor at that degree.