North Dakota
Is Blackmail Illegal in North Dakota? Theft by Threat and Penalties
Independently fact-checked against primary sources (last audited October 17, 2026). · 7 primary sources cited on this page. How we verify our legal content
Blackmail is a crime in North Dakota, but it is charged as theft. The Century Code has no offense named extortion or blackmail: N.D.C.C. 12.1-23-01 makes theft a single offense that absorbs the old crimes of extortion and blackmail, and 12.1-23-02(2) makes it theft to knowingly obtain another person's property by threat with intent to deprive the owner. Theft by threat is a class C felony once the property is worth more than $100, and a class B felony if a threat to commit a felony is used.
Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers North Dakota criminal statutes on theft by threat (N.D.C.C. 12.1-23-01, 12.1-23-02, 12.1-23-05, 12.1-23-09 and 12.1-23-10), criminal coercion (12.1-17-06), terrorizing (12.1-17-04) and sexual extortion (12.1-20-12.3), with the penalty classes in 12.1-32-01. 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 as its own offense (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 North Dakota?
North Dakota treats extortion as one way of committing theft. Section 12.1-23-01(1) of the North Dakota Century Code states:
"Conduct denominated theft in sections 12.1-23-02 to 12.1-23-04 constitutes a single offense designed to include the separate offenses heretofore known as larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, extortion, blackmail, fraudulent conversion, receiving stolen property, misappropriation of public funds, swindling, and the like."
The word "blackmail" appears in that consolidation clause, not as the name of a separate crime. What people call blackmail is charged as theft under 12.1-23-02, which provides that a person is guilty of theft if he "Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat."
An unpaid demand can carry the same penalty as a completed theft in one situation. Under 12.1-23-05(6), "an attempt to commit a theft under this chapter is punishable equally with the completed offense when the actor has completed all of the conduct which the actor believes necessary on the actor's part to complete the theft except receipt of the property."
Because theft by threat is a theft offense, it shares the theft chapter's grading statute. Our North Dakota theft laws page covers theft grading in general.
What kinds of threats count?
The theft chapter defines "threat" in 12.1-23-10(13) as "an expressed purpose, however communicated," to do any of the following:
- "Cause bodily injury in the future to the person threatened or to any other person;"
- "Cause damage to property;"
- "Subject the person threatened or any other person to physical confinement or restraint;"
- "Engage in other conduct constituting a crime;"
- "Accuse anyone of a crime;"
- "Expose a secret or publicize an asserted fact, whether true or false, tending to subject a person living or deceased, to hatred, contempt, or ridicule or to impair another's credit or business repute;"
- "Reveal any information sought to be concealed by the person threatened;"
- "Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;"
- "Take or withhold official action as a public servant, or cause a public servant to take or withhold official action;"
- "Bring about or continue a strike, boycott, or other similar collective action to obtain property or deprive another of his property which is not demanded or received for the benefit of the group which the actor purports to represent;"
- "Cause anyone to be dismissed from his employment, unless the property is demanded or obtained for lawful union purposes;" or
- "Do any other act which would not in itself substantially benefit the actor or a group he represents but which is calculated to harm another person in a substantial manner with respect to his health, safety, business, employment, calling, career, financial condition, reputation, or personal relationship."
Two features of the list stand out. A threat to expose a secret or publicize an asserted fact counts "whether true or false." And the final catch-all reaches threats calculated to cause substantial harm to someone's reputation or personal relationships even when they fit no other item. The list does not name threats about immigration status as a separate item.
The same subsection adds that, on a theft charge, "the receipt of property in consideration for taking or withholding official action shall be deemed to be theft by threat regardless of whether the owner voluntarily parted with his property or himself initiated the scheme."
North Dakota extortion penalties
| Offense | Statute | What it prohibits | Class | Statutory penalty range |
|---|---|---|---|---|
| Theft by threat, over $50,000 | 12.1-23-02(2), 12.1-23-05(1) | Obtaining another's property or services by threat, value over $50,000 | Class A felony | Up to 20 years, a $20,000 fine, or both |
| Theft by threat, threat to commit a felony | N.D.C.C. 12.1-23-02(2), 12.1-23-05(2) | Obtaining or retaining property or services by a threat to commit a felony | Class B felony | Up to 10 years, a $20,000 fine, or both |
| Theft by threat, over $10,000 up to $50,000 | 12.1-23-02(2), 12.1-23-05(2) | Obtaining another's property by threat, value over $10,000 but not over $50,000 | Class B felony | Up to 10 years, a $20,000 fine, or both |
| Theft by threat, over $100, or official-action threat by a public servant | 12.1-23-02(2), 12.1-23-05(3)(b) | Property or services acquired or retained by threat and worth more than $100, or acquired by a public servant by a threat to take or withhold official action | Class C felony | Up to 5 years, a $10,000 fine, or both |
| Other theft by threat | 12.1-23-05(4) | Theft by threat not covered by a higher tier | Class A misdemeanor | Up to 360 days, a $3,000 fine, or both |
| Criminal coercion | 12.1-17-06 | Threatening a crime, an accusation, exposure of a secret or asserted fact, or official action, with intent to compel another to engage in or refrain from conduct | Class A misdemeanor | Up to 360 days, a $3,000 fine, or both |
| Sexual extortion, victim caused to comply, minor or vulnerable adult | 12.1-20-12.3(1)(b), (2)(a) | Knowingly causing a victim who is a minor or vulnerable adult to engage in sexual conduct, provide sexual or intimate images, or comply with a demand for money, by a listed threat | Class B felony | Up to 10 years, a $20,000 fine, or both |
| Sexual extortion, all other cases | 12.1-20-12.3(1)(a)-(b), (2) | Communicating a listed threat with intent to coerce sexual conduct, sexual or intimate images, or money; or causing compliance when the victim is not a minor or vulnerable adult | Class A misdemeanor | Up to 360 days, a $3,000 fine, or both |
| Use of a minor in a sexual performance | 12.1-27.2-02 | Knowingly employing, authorizing, or inducing a minor to engage in sexual conduct during a performance, which includes a photograph or other visual representation | Class A felony | Up to 20 years, a $20,000 fine, or both |
The ranges come from N.D.C.C. 12.1-32-01, which sets a maximum of ten years' imprisonment, a fine of twenty thousand dollars, or both, for a class B felony; five years' imprisonment, a fine of ten thousand dollars, or both, for a class C felony; and imprisonment for three hundred sixty days, a fine of three thousand dollars, or both, for a class A misdemeanor. These are maximums, not set sentences.
The table covers the theft tiers that turn on a threat. Theft of property or services worth more than $50,000, including by threat, is a class A felony under 12.1-23-05(1), punishable by up to 20 years' imprisonment, a $20,000 fine, or both under 12.1-32-01. The North Dakota theft laws page covers theft grading in general.
Is extortion a felony in North Dakota?
When property or services are obtained by threat, it usually is. Section 12.1-23-05(3)(b) makes theft a class C felony when the property or services stolen are acquired or retained by threat and either exceed one hundred dollars in value or are acquired by a public servant by a threat to take or withhold official action. Section 12.1-23-05(2) makes it a class B felony when they are "acquired or retained by a threat to commit a felony," regardless of that value test, and theft of property or services worth more than $50,000 is a class A felony under 12.1-23-05(1). Theft by threat that meets none of those tiers is a class A misdemeanor under 12.1-23-05(4). The lowest theft grade, a class B misdemeanor under 12.1-23-05(5), is not available for a theft by threat outside shoplifting: one of its required factors is that "The theft was not committed by threat."
Criminal coercion, which involves no property, is a class A misdemeanor.
Threats to sue, report someone, or expose a secret
North Dakota's threat definition expressly lists threats to "Accuse anyone of a crime," to "Expose a secret or publicize an asserted fact, whether true or false," to "Testify or provide information or withhold testimony or information with respect to another's legal claim or defense," and to cause official action. The theft chapter contains a claim-of-right provision in 12.1-23-09(1)(a):
"It is a defense to a prosecution under this chapter that: a. The actor reasonably believed that the actor had a claim to the property or services involved which the actor was entitled to assert in the manner which forms the basis for the charge against the actor;"
By its terms, the defense turns on a reasonable belief in a claim to the property and in the right to assert it "in the manner which forms the basis for the charge." It applies to prosecutions under the theft chapter.
Criminal coercion has its own affirmative defenses. Section 12.1-17-06(2) states:
"It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly: a. That the primary purpose of the threat was to cause the other to conduct himself in his own best interest; or b. That a purpose of the threat was to cause the other to desist from misbehavior, engage in behavior from which he could not lawfully abstain, make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified."
Whether either provision applies to a particular demand is a question for a lawyer licensed in North Dakota.
Sextortion in North Dakota
North Dakota has a specific sexual extortion statute, N.D.C.C. 12.1-20-12.3, created by Senate Bill 2273 in 2019. It works in two modes:
- Threat mode, 12.1-20-12.3(1)(a). Communicating, in person or by electronic means, a threat to the victim's or another's person, property or reputation, or "A threat to distribute or an enticement to delete an intimate image or video of the victim or another," with intent to coerce the victim to engage in sexual contact or sexually explicit conduct, to produce, provide or distribute sexually explicit or intimate images, or to comply with "a demand for money." This mode is a class A misdemeanor under 12.1-20-12.3(2)(b).
- Compliance mode, 12.1-20-12.3(1)(b). Knowingly causing a victim to engage in that conduct, provide those images, or comply with a demand for money by means of such a threat. Under 12.1-20-12.3(2)(a), this is "A class B felony if the actor's conduct violates subdivision b of subsection 1 and the victim is a minor or vulnerable adult, otherwise a class A misdemeanor."
The felony tier requires both elements: the victim was actually caused to comply, and the victim is a minor or vulnerable adult. Because the statute includes "a demand for money," a financial sextortion demand can fall under it, and money obtained by threat can also be charged as theft by threat under the grading rules above.
Separately, N.D.C.C. 12.1-27.2-02 makes it a class A felony, punishable by up to 20 years' imprisonment, a $20,000 fine, or both under 12.1-32-01, to knowingly employ, authorize, or induce a minor to engage in sexual conduct during a performance, and 12.1-27.2-01 defines a performance to include a photograph or other visual representation.
If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps. For North Dakota rules on AI-generated images, see North Dakota deepfake laws, and for image-sharing crimes nationwide, revenge porn laws by state.
Related North Dakota offenses people confuse with extortion
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Criminal coercion, 12.1-17-06. A threat used "with intent to compel another to engage in or refrain from conduct," with no property element. The threats it lists are to commit any crime, accuse anyone of a crime, expose a secret or publicize an asserted fact, or take or withhold official action. Class A misdemeanor.
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Terrorizing, 12.1-17-04. No demand is required. A person is guilty of a class C felony if, "with intent to place another human being in fear for that human being's or another's safety or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious disruption or public inconvenience, or in reckless disregard of the risk of causing such terror, disruption, or inconvenience," the person "Threatens to commit any crime of violence or act dangerous to human life."
-
Robbery, 12.1-22-01. A theft during which the person inflicts or attempts to inflict bodily injury or "threatens or menaces another with imminent bodily injury." It is a class C felony, rising to a class B or class A felony with a weapon, injury or an accomplice actually present.
Recent changes
- 2019: Senate Bill 2273 created the sexual extortion offense in 12.1-20-12.3.
Federal law
Federal law also reaches interstate threats and extortion, separately from North Dakota's statutes; our extortion laws hub covers the federal offenses.
Related pages
- Extortion and blackmail laws by state
- North Dakota theft laws
- North Dakota deepfake laws
- North Dakota scam and fraud laws
- Sextortion scams: what to do
- South Dakota extortion laws
- Montana extortion laws
This article provides general legal information about North Dakota criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Dakota.
Last updated: October 17, 2026.
Frequently Asked Questions
Is blackmail illegal in North Dakota?
Yes. North Dakota has no offense titled blackmail, but N.D.C.C. 12.1-23-01 folds the former offenses of extortion and blackmail into theft, and knowingly obtaining another's property by threat with intent to deprive the owner is theft under 12.1-23-02(2).
Is extortion a felony in North Dakota?
Theft by threat is a class C felony (up to 5 years) when the property or services exceed $100 or a public servant acquires them by threatening official action, and a class B felony (up to 10 years) when acquired by a threat to commit a felony or worth more than $10,000 but not more than $50,000, and a class A felony (up to 20 years) when worth more than $50,000. Other theft by threat is generally a class A misdemeanor (12.1-23-05).
Does a threat to reveal something true count in North Dakota?
Yes. The definition of threat in 12.1-23-10(13)(f) covers a threat to expose a secret or publicize an asserted fact, whether true or false, that tends to subject a person to hatred, contempt or ridicule or to impair another's credit or business repute.
Is sextortion a crime in North Dakota?
Yes. Sexual extortion under 12.1-20-12.3 is a class B felony when the actor knowingly causes a victim who is a minor or vulnerable adult to comply through the threat, and a class A misdemeanor otherwise, including when the threat is communicated but not complied with. Separately, knowingly inducing a minor to engage in sexual conduct during a performance, which includes a photograph or other visual representation, is a class A felony under 12.1-27.2-02.
What if the person making the threat believed they were owed the money?
Section 12.1-23-09(1)(a) states that it is a defense to a prosecution under the theft chapter that the actor reasonably believed the actor had a claim to the property or services which the actor was entitled to assert in the manner which forms the basis for the charge.
Is threatening someone without asking for money extortion in North Dakota?
A threat used to compel someone to do or refrain from conduct can be criminal coercion, a class A misdemeanor under 12.1-17-06. Threatening a crime of violence with intent to place another in fear for safety, or in reckless disregard of that risk, is terrorizing, a class C felony under 12.1-17-04.
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.
North Dakota Century Code
§ 12.1-23-02Theft of propertyIn forcecited in 3 of our articles
A person is guilty of theft if he: Knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another with intent to deprive the owner thereof; Knowingly obtains the property of another by deception or by threat with intent to deprive the owner thereof, or intentionally deprives another of his property by deception or by threat; or Knowingly receives, retains, or disposes of property of another which has been stolen, with intent to deprive the owner thereof.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Also relied on in: North Dakota Scam and Fraud Laws: Reporting and Your Right to Sue, North Dakota Theft Laws: Felony Threshold, Shoplifting, Penalties
§ 12.1-23-05Grading of theft offensesIn forcecited in 3 of our articles
Notwithstanding subsection 3, theft under this chapter is a class A felony if the property or services stolen exceed fifty thousand dollars in value. Notwithstanding the provisions of subsection 3, theft under this chapter is a class B felony if the property or services stolen exceed ten thousand dollars in value but do not exceed fifty thousand dollars or are acquired or retained by a threat to commit a felony. Theft under this chapter is a class C felony if: The property or services stolen exceed one thousand dollars in value; The property or services stolen are acquired or retained by threat and: Are acquired or retained by a public servant by a threat to take or withhold official action; or Exceed one hundred dollars in value; The property or services stolen exceed one hundred dollars in value and are acquired or retained by a public servant in the course of official duties; The property stolen is a firearm, ammunition, or an explosive or destructive device; The property consists of any government file, record, document, or other government paper stolen from any government office or from any public servant; The defendant is in the business of buying or selling stolen…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Also relied on in: North Dakota Embezzlement and Forgery Laws: Penalties (2026)
§ 12.1-23-10Definitions for theft and related offensesIn force
In this chapter: "Dealer in property" means a person who buys or sells property as a business. "Deception" means: Creating or reinforcing a false impression as to fact, law, status, value, intention, or other state of mind; or obtaining or attempting to obtain public assistance by concealing a material fact, making a false statement or representation, impersonating another, concealing the transfer of property without adequate consideration, or using any other fraudulent method; but deception as to a person's intention to perform a promise may not be inferred from the fact alone that the person did not substantially perform the promise unless it is part of a continuing scheme to defraud; Preventing another from acquiring information which would affect his judgment of a transaction; Failing to correct a false impression which the actor previously created or reinforced, or which he knows to be influencing another to whom he stands in a fiduciary or confidential relationship; Failing to correct an impression which the actor previously created or reinforced and which the actor knows to have become false due to subsequent events; Failing to disclose a lien, adverse claim, or…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-20-12.3Sexual extortionIn forcecited in 2 of our articles
An individual commits the offense of sexual extortion if the individual: With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, communicates in person or by electronic means: A threat to the victim's or another's person, property, or reputation; or A threat to distribute or an enticement to delete an intimate image or video of the victim or another. Knowingly causes a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute any image, video, or other recording of any individual engaged in sexually explicit conduct or any intimate image of an individual, or a demand for money, by means of: A threat to the victim's or another's person, property, or reputation; or A threat to distribute or an enticement to delete an intimate image or video of the victim or another.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Also relied on in: North Dakota Pornography Laws (2026): Legal Status and Penalties
§ 12.1-17-06Criminal coercionIn force
A person is guilty of a class A misdemeanor if, with intent to compel another to engage in or refrain from conduct, he threatens to: Commit any crime; Accuse anyone of a crime; Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person, living or deceased, to hatred, contempt, or ridicule, or to impair another's credit or business repute; or Take or withhold official action as a public servant or cause a public servant to take or withhold official action. It is an affirmative defense to a prosecution under this section that the actor believed, whether or not mistakenly: That the primary purpose of the threat was to cause the other to conduct himself in his own best interest; or That a purpose of the threat was to cause the other to desist from misbehavior, engage in behavior from which he could not lawfully abstain, make good a wrong done by him, or refrain from taking any action or responsibility for which he was disqualified.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 12.1-32-01Classification of offenses - PenaltiesIn forcecited in 18 of our articles
Offenses are divided into seven classes, which are denominated and subject to maximum penalties, as follows: Class AA felony, for which a maximum penalty of life imprisonment without parole may be imposed. The court must designate whether the life imprisonment sentence imposed is with or without an opportunity for parole. Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony and who receives a sentence of life imprisonment with parole, shall not be eligible to have that person's sentence considered by the parole board for thirty years, less sentence reduction earned for good conduct, after that person's admission to the penitentiary. Class A felony, for which a maximum penalty of twenty years' imprisonment, a fine of twenty thousand dollars, or both, may be imposed. Class B felony, for which a maximum penalty of ten years' imprisonment, a fine of twenty thousand dollars, or both, may be imposed. Class C felony, for which a maximum penalty of five years' imprisonment, a fine of ten thousand dollars, or both, may be imposed.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Brown (North Dakota Supreme Court 2009, 2009 N.D. 150)“…ws ch. 116, § 23. The current relevant statutory provision, N.D.C.C. § 12.1-32-01, lists the various categories of crimin…”
- State v. Magnuson (North Dakota Supreme Court 1997, 571 N.W.2d 642)“…lony charge of murder. The penalty provision for the crime, N.D.C.C. § 12.1-32-01(1), said a person found guilty of a cla…”
- State v. Vickerman (North Dakota Supreme Court 2022, 981 N.W.2d 881)“…ceeding his life expectancy with parole implicitly violates N.D.C.C. § 12.1-32-01(1). Our review “of a criminal sentence…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: North Dakota GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), North Dakota AI Meeting Recording Laws (2026), North Dakota Audio Recording Laws: One-Party Consent Rules and Penalties (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- N.D.C.C. ch. 12.1-23, Theft and related offenses (12.1-23-01, -02, -05, -09, -10)(ndlegis.gov).gov
- N.D.C.C. 12.1-32-01, Classification of offenses; penalties(ndlegis.gov).gov
- N.D.C.C. ch. 12.1-17, Assaults, threats, coercion (12.1-17-04 terrorizing, 12.1-17-06 criminal coercion)(ndlegis.gov).gov
- N.D.C.C. 12.1-20-12.3, Sexual extortion(ndlegis.gov).gov
- Senate Bill 2273 (2019), bill overview(ndlegis.gov).gov
- N.D.C.C. ch. 12.1-27.2, Sexual performances by children (12.1-27.2-01, 12.1-27.2-02)(ndlegis.gov).gov
- N.D.C.C. 12.1-22-01, Robbery(ndlegis.gov).gov
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