Is Blackmail Illegal in Pennsylvania? Extortion Laws and Penalties

Pennsylvania has no crime called blackmail. Blackmail-style demands for money or property are charged as theft by extortion under 18 Pa.C.S. 3923, which makes it theft to obtain or withhold another person's property by threatening any of seven listed things, from accusing someone of a crime to exposing a secret. The grade follows Pennsylvania's theft grading statute, 18 Pa.C.S. 3903, so the penalty runs from a first-degree misdemeanor (up to 5 years) to a first-degree felony (up to 20 years), and two separate statutes cover threats with no property demand (criminal coercion, 2906) and sexual extortion (3133).

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

Jurisdiction scope: This article covers Pennsylvania's theft by extortion (18 Pa.C.S. 3923), theft grading (3902 and 3903), criminal coercion (2906), sexual extortion (3133), with shorter notes on 6312(b) and 4702, and the sentencing limits in 18 Pa.C.S. 1101, 1103 and 1104. It does not cover what to do if you are being threatened or how to get images taken down (see our sextortion scams guide), Pennsylvania's separate crimes for sharing intimate images (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 Pennsylvania?

In Pennsylvania, extortion is a way of committing theft. Section 3923(a), titled "Theft by extortion," reads:

"A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; (4) take or withhold action as an official, or cause an official to take or withhold action; (5) bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; (6) testify or provide information or withhold testimony or information with respect to the legal claim or defense of another; or (7) inflict any other harm which would not benefit the actor."

Three elements run through the section: the person acts intentionally, the target is "property of another," and the property is obtained or withheld by one of the listed threats.

Because theft by extortion sits in Chapter 39, it is part of a single theft offense. Section 3902 states that "Conduct denominated theft in this chapter constitutes a single offense," and that an accusation of theft "may be supported by evidence that it was committed in any manner that would be theft under this chapter," subject to the court's power to ensure a fair trial. Our Pennsylvania theft laws page covers the other forms of theft.

Is blackmail a separate crime in Pennsylvania?

No. None of the Crimes Code chapters on assault (Chapter 27), kidnapping (Chapter 29), sexual offenses (Chapter 31) or theft (Chapter 39) contains an offense named blackmail. Blackmail is the everyday word for conduct Pennsylvania charges as theft by extortion, criminal coercion or, where sexual images or conduct are involved, sexual extortion.

Pennsylvania extortion penalties

Prison maximums come from 18 Pa.C.S. 1103 for felonies ("not more than 20 years" for the first degree, "not more than ten years" for the second and "not more than seven years" for the third, except as provided in 42 Pa.C.S. 9714 for second and subsequent offenses) and 18 Pa.C.S. 1104 for misdemeanors (5 years for the first degree, 2 years for the second, 1 year for the third). Fine ceilings come from 18 Pa.C.S. 1101: $25,000 for a first- or second-degree felony, $15,000 for a third-degree felony, $10,000 for a first-degree misdemeanor and $5,000 for a second-degree misdemeanor, or "Any higher amount equal to double the pecuniary gain derived from the offense by the offender."

How theft by extortion is graded

Section 3903 grades all theft, including theft by extortion, mainly by the amount involved. The thresholds that matter most for a cash demand are:

• Felony of the first degree: "the amount involved is $500,000 or more" (3903(a.2)(2)).
• Felony of the second degree: "The amount involved is $100,000 or more but less than $500,000," or "The property stolen is a firearm" (3903(a)).
• Felony of the third degree: "the amount involved exceeds $2,000," or the property is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, among other listed items (3903(a.1)).
• Everything else: a misdemeanor of the first degree under 3903(b).

Is extortion always a felony in Pennsylvania?

No, but it is never below a first-degree misdemeanor. Section 3903(b) allows the lower grades (second- and third-degree misdemeanors, for amounts under $200) only "if the property was not taken from the person or by threat, or in breach of fiduciary obligation." Property obtained by extortion is taken by threat, so a small-dollar extortion is still a first-degree misdemeanor, punishable by up to 5 years under 1104.

Under 3903(c)(3), "Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense." A series of smaller payments under one scheme can therefore be added together for grading.

What kinds of threats count?

The seven threats in 3923(a) are the full list for theft by extortion:

1. To commit another criminal offense.
2. To accuse anyone of a criminal offense.
3. To expose any secret tending to subject any person to hatred, contempt or ridicule.
4. To take or withhold action as an official, or cause an official to take or withhold action.
5. To bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act.
6. To testify or provide information, or withhold testimony or information, with respect to the legal claim or defense of another.
7. To "inflict any other harm which would not benefit the actor."

The last item is a catch-all. The list does not name immigration status, credit reputation or intimate images specifically; threats involving sexual images are covered by the sexual extortion statute discussed below.

Criminal coercion under 2906(a) uses a shorter list of four threats: to "(1) commit any criminal offense; (2) accuse anyone of a criminal offense; (3) expose any secret tending to subject any person to hatred, contempt or ridicule; or (4) take or withhold action as an official, or cause an official to take or withhold action." The difference is the goal: coercion requires "intent unlawfully to restrict freedom of action of another to the detriment of the other," rather than obtaining property.

Is it extortion to threaten to report someone, sue, or expose them unless they pay?

Section 3923(a) lists a threat to "accuse anyone of a criminal offense" and a threat to "expose any secret tending to subject any person to hatred, contempt or ridicule." Section 3923(b) then sets out a defense that applies only to the accusation, exposure and official-action branches:

"It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services."

The defense is limited by its own terms: it covers only those three branches, only property "honestly claimed," and only as restitution or indemnification for harm connected to the threatened accusation, exposure, lawsuit or official action, or as compensation for property or lawful services. It does not apply to the other four kinds of threat.

Criminal coercion has its own, differently worded defense in 2906(b), again limited to the accusation, exposure and official-action branches:

"It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this section that the actor believed the accusation or secret to be true or the proposed official action justified and that his intent was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified."

Whether either defense fits a particular demand turns on facts, and is a question for a lawyer licensed in Pennsylvania.

Sextortion laws in Pennsylvania

Pennsylvania has a dedicated sexual extortion offense, 18 Pa.C.S. 3133, added by Act 100 of 2019. It reaches two kinds of conduct.

Coercion into sexual conduct or images (3133(a) and (b)). A person commits sexual extortion by knowingly or intentionally coercing or causing a complainant, through any listed means, to "(1) engage in sexual conduct, the simulation of sexual conduct or a state of nudity; or (2) make, produce, disseminate, transmit or distribute" sexual or nude material depicting the complainant. The listed means in 3133(b) are:

• Harming or threatening to harm the complainant, the complainant's property, reputation or "any other thing of value of the complainant."
• Making or distributing, or threatening to make or distribute, material depicting the complainant nude or in sexual conduct.
• Exposing or threatening to expose any fact that "would tend to subject the complainant to criminal proceedings, a civil action, hatred, contempt, embarrassment or ridicule."
• Holding out, withholding or threatening to withhold "a service, employment, position or other thing of value."
• Threatening to cause or causing "a loss, disadvantage or injury, including a loss, disadvantage or injury to a family or household member."

Demands for payment (3133(c)). A person also commits sexual extortion by knowingly or intentionally soliciting or demanding "the payment of money, property or services or any other thing of value" from the complainant or a family or household member in exchange for removing from public view or preventing disclosure of material obtained through a violation of 3133(a)(2), or by distributing or threatening to distribute nude or sexual material of the complainant "to another person or entity, including a commercial social networking site," while demanding payment to remove it or keep it from being disclosed.

Grading (3133(d)). Sexual extortion is a misdemeanor of the first degree unless an aggravating circumstance applies. It is a felony of the third degree:

• if the actor is at least 18 years old and the complainant is under 18, the complainant has an intellectual disability, or the actor "holds a position of trust or supervisory or disciplinary power over the complainant by virtue of the actor's legal, professional or occupational status"; or
• if the violation "is part of a course of conduct of sexual extortion by the actor," or the actor was previously convicted or adjudicated delinquent of sexual extortion or a similar offense in another jurisdiction.

When the complainant is under 18 (6312). The same conduct can also fall under 18 Pa.C.S. 6312(b), which makes it an offense when a person "causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act" and "knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed." Under 6312(d.1)(1) that offense is a felony of the second degree (up to 10 years), and 6312(d.1)(3) raises it one grade in listed circumstances, such as when the child depicted is under 10 or prepubescent.

Section 3133(e) directs the Pennsylvania Commission on Sentencing to provide a sentence enhancement within its guidelines when, at the time of the offense, the complainant is under 18 or has an intellectual disability or the actor holds a position of trust or supervisory or disciplinary power over the complainant, and, under a 2022 amendment (Act 75 of 2022), when the complainant "attempts suicide resulting in serious bodily injury or dies by suicide, within 90 days of the commission of the offense, as a proximate result of the trauma" the complainant experienced.

Where it can be prosecuted. Under 3133(f), the offense "may be deemed to have been committed at either the place at which the communication was made or at the place where the communication was received." Under 3133(g), a person may be convicted "if the complainant or the offender is located within this Commonwealth." Section 3133(h) gives the Attorney General authority to investigate and to institute criminal proceedings "for any violation of this section or any series of violations involving more than one county of this Commonwealth or another state."

Exclusions (3133(i)). The section states that nothing in it applies to "A person who acts within the legitimate and lawful course of the person's employment" or to "Works of public interest, including commentary, satire or parody."

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

Related Pennsylvania offenses people confuse with extortion

• Robbery, 18 Pa.C.S. 3701. Robbery is theft plus force or an immediate threat. A person is guilty of robbery if, "in the course of committing a theft," he inflicts or threatens injury, puts someone "in fear of immediate serious bodily injury," "commits or threatens immediately to commit any felony of the first or second degree," or "physically takes or removes property from the person of another by force however slight," among other listed acts. Extortion's threats need not be immediate.
• Terroristic threats, 18 Pa.C.S. 2706. This offense needs no demand at all. A person commits it by communicating "a threat to: (1) commit any crime of violence with intent to terrorize another." Under 2706(d) it is a first-degree misdemeanor, or a third-degree felony when the threat causes the occupants of a building, place of assembly or public transportation facility "to be diverted from their normal or customary operations."
• Criminal coercion, 18 Pa.C.S. 2906. The no-property counterpart to theft by extortion, covered above.
• Threats in official and political matters, 18 Pa.C.S. 4702. This offense covers threatening unlawful harm to influence a public servant, party official or voter in an exercise of discretion, to influence a public servant in a judicial or administrative proceeding, or to influence a public servant or party official to violate a known legal duty. Under 4702(c) it is a second-degree misdemeanor, or a third-degree felony if the actor threatened to commit a crime or made a threat with intent to influence a judicial or administrative proceeding.

Scams that use threats to get money also overlap with fraud offenses; see Pennsylvania scam and fraud laws.

Recent changes and pending legislation

The theft by extortion text in 3923 dates to Act 102 of 1976 (P.L.425), and the theft grading section 3903 was last amended in 2013 (Act 131). Sexual extortion was added in 2019 by Act 100 (effective 60 days after November 27, 2019), and its sentencing-enhancement subsection (e) was amended by Act 75 of 2022.

House Bill 1585 of the 2025-2026 session would add a subsection to 3923 on soliciting or accepting payment to remove or not publish booking photographs. It passed the House on June 23, 2026 and was referred to the Senate Judiciary Committee on June 25, 2026. It is a pending bill, not law.

Federal law

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

Related pages

• Extortion and blackmail laws by state
• Pennsylvania theft laws
• Pennsylvania deepfake laws
• Pennsylvania scam and fraud laws
• Sextortion scams: what to do

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Pennsylvania?

Pennsylvania has no offense named blackmail. Obtaining or withholding property by one of the threats listed in 18 Pa.C.S. 3923(a) is theft by extortion, graded under 3903 from a first-degree misdemeanor up to a first-degree felony depending on the amount and type of property.

Is extortion a felony in Pennsylvania?

Not always. Theft by extortion is at least a first-degree misdemeanor (up to 5 years) and becomes a felony when a 3903 felony trigger applies, for example an amount over $2,000 (third degree, up to 7 years) or $500,000 or more (first degree, up to 20 years).

Does the threat have to be about money?

Theft by extortion requires obtaining or withholding property of another. Criminal coercion under 18 Pa.C.S. 2906 needs no property: it covers listed threats made with intent unlawfully to restrict another person's freedom of action to that person's detriment.

Is it extortion to threaten to report someone unless they pay?

Section 3923(a)(2) lists a threat to accuse anyone of a criminal offense. Section 3923(b) states it is a defense to that branch that the property was honestly claimed as restitution or indemnification for harm done in the circumstances the accusation relates to, or as compensation for property or lawful services. How that applies to a specific demand is a question for a Pennsylvania lawyer.

Is sextortion a crime in Pennsylvania?

Yes. Sexual extortion under 18 Pa.C.S. 3133 covers coercing sexual conduct, nudity or sexual images through listed means, and demanding money or anything of value to remove or not disclose such material. It is a first-degree misdemeanor, or a third-degree felony in listed circumstances such as an adult actor and a complainant under 18. When the complainant is under 18, causing the child to engage in a prohibited sexual act knowing it may be photographed or filmed is also a felony of at least the second degree under 18 Pa.C.S. 6312(b).

Can Pennsylvania prosecute sextortion if the offender is in another state?

Section 3133(g) states that a person may be convicted if the complainant or the offender is located within Pennsylvania, and 3133(f) treats the offense as committed where the communication was made or where it was received.