Is Blackmail Illegal in Virginia? Extortion Laws and Penalties

Yes. Virginia punishes the conduct people call blackmail as extortion under Va. Code § 18.2-59: threatening injury to another person's character, person or property, accusing them of an offense, threatening to report them as illegally present in the United States, or withholding their passport, immigration or identification documents, and thereby extorting money, property or a pecuniary benefit, is a Class 5 felony. No Virginia offense in the Code's article on "Extortion and Other Threats" is named blackmail, and a separate statute, § 18.2-59.1, makes sexual extortion a crime.

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

Jurisdiction scope: This article covers Virginia's criminal statutes on extortion (Va. Code § 18.2-59) and sexual extortion (§ 18.2-59.1), related threat and robbery offenses (§§ 18.2-58, 18.2-60), the image-dissemination offense in § 18.2-386.2, the production offense in § 18.2-374.1(B)(1) as it applies to demands for images from a minor, and the punishment sections §§ 18.2-10, 18.2-11 and 18.2-26. It does not cover what to do if you are being threatened or how to get images taken down (see our sextortion scams guide), the crime of sharing intimate images itself (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 Virginia?

Virginia treats extortion as its own crime, separate from larceny and robbery. The whole offense is defined in the first sentence of Va. Code § 18.2-59:

"Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense, (iii) threatens to report him as being illegally present in the United States, or (iv) knowingly destroys, conceals, removes, confiscates, withholds or threatens to withhold, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony."

The statute has two halves. The first half is the means: one of the four numbered kinds of conduct. The second half is the result: the person "thereby extorts" money, property, a pecuniary benefit, or a note, bond or other evidence of debt. The words "from him or any other person" mean the payment does not have to come from the person who was threatened.

The objects the statute lists are money, property, a pecuniary benefit, and a note, bond or other evidence of debt.

Is blackmail a crime in Virginia?

Not by that name. Article 6 of Chapter 4 of Title 18.2, titled "Extortion and Other Threats," contains §§ 18.2-59 through 18.2-60.5, and none of those sections is named blackmail or creates a general crime of coercion.

The threat most people mean by blackmail, revealing something damaging unless they pay, is described in § 18.2-59 as threatening "injury to the character" of another person or accusing someone "of any offense." The statute does not use the words "secret" or "expose."

Is extortion a felony in Virginia?

Yes. Every violation of § 18.2-59 is a Class 5 felony, whatever the amount demanded or obtained. The section has no value tiers and no misdemeanor version. Under Va. Code § 18.2-10(e), the punishment for a Class 5 felony is:

"a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."

An attempt is also a crime. Under § 18.2-26(3), an attempt at a felony "punishable by a maximum punishment of less than twenty years' imprisonment" is punishable as a Class 6 felony, so attempted extortion carries 1 to 5 years, or up to 12 months in jail and a fine of up to $2,500, either or both (§ 18.2-10(f)).

Virginia extortion and related penalties

The Class 5 and Class 6 felony ranges come from Va. Code § 18.2-10(e) and (f), and the Class 1 misdemeanor range from § 18.2-11(a). The 1-to-20-year terms for an adult offender with a minor are written into § 18.2-59.1 itself.

What kinds of threats count as extortion in Virginia?

Section 18.2-59 lists four kinds of conduct, in its own words:

• threatening "injury to the character, person, or property of another person";
• accusing the person "of any offense";
• threatening "to report him as being illegally present in the United States";
• knowingly destroying, concealing, removing, confiscating, withholding or threatening to withhold, or possessing "any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person."

The fourth clause is not limited to threats: it lists acts such as confiscating, withholding or possessing another person's passport, immigration document or government ID, again combined with thereby extorting money, property or a pecuniary benefit.

Threats to release identifying information

The statute adds a definition for the property clause:

"For the purposes of this section, injury to property includes the sale, distribution, or release of identifying information defined in clauses (iii) through (xii) of subsection C of § 18.2-186.3, but does not include the distribution or release of such information by a person who does so with the intent to obtain money, property or a pecuniary benefit to which he reasonably believes he is lawfully entitled."

That carve-out is limited to releasing identifying information as a form of "injury to property." Section 18.2-59 contains no other exclusion, and it does not set out a general claim-of-right exception for threats to accuse someone of an offense or to injure their character.

Is it extortion to threaten to sue or report someone in Virginia?

Section 18.2-59 answers this only through its text. Its list includes accusing someone "of any offense" and threatening "injury to the character" of another, in each case combined with thereby extorting money, property or a pecuniary benefit. The section does not mention lawsuits, complaints to regulators or online reviews by name. Its only written exception is the identifying-information carve-out quoted above. How the statute applies to a particular demand is a question for a court and for a Virginia lawyer, not something this page can resolve.

Is sextortion a crime in Virginia?

Yes. Virginia has a dedicated sexual extortion statute, Va. Code § 18.2-59.1, enacted in 2023 (Acts 2023, c. 612). It has two forms.

Image threats (subsection A). A person commits sexual extortion if he "maliciously threatens in writing, including an electronically transmitted communication producing a visual or electronic message," to disseminate, sell or publish an image, or not to delete, remove or take back an image already disseminated, that shows the complaining witness or a family or household member nude or in a state of undress that exposes intimate parts, or that is obscene. The threat must be made with the intent to cause the complaining witness to engage in a sexual act listed in the statute, and the person must "thereby" engage in it. The statute covers images "created by any means whatsoever."

Housing and financial threats (subsection B). The same offense covers anyone who "maliciously threatens eviction, loss of housing, property damage, or any financial loss" with the intent to cause, and thereby causes, a listed sexual act. Subsection B does not contain the "in writing" language that subsection A uses.

Penalties. Each form is a Class 5 felony. The statute then adds:

"However, any adult who violates this section with a person under the age of 18 is guilty of a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000."

That sentence closes subsection A. Subsection B's matching sentence uses "under the age of 15," so the age that triggers the higher range differs between the two forms.

Attempts. Under § 18.2-59.1(C), a person who makes a threat in violation of subsection A or B, where the complaining witness does not engage in the act, "is guilty of attempted sexual extortion and shall be punished as prescribed in § 18.2-26." Section 18.2-26 grades attempted felonies by the maximum of the felony attempted: an attempt at a felony punishable by a maximum of twenty years is punishable as a Class 5 felony, and an attempt at a felony with a maximum of less than twenty years is punishable as a Class 6 felony.

Where the case can be brought. Subsection D allows prosecution "in the county, city, or town in which the communication was either made or received."

Section 18.2-59.1 is defined by a compelled sexual act. It does not mention demands for money or for more images; § 18.2-59 is the statute addressed to extorting money, property or a pecuniary benefit. Where the person threatened is under 18 and the demand is for sexual images, Va. Code § 18.2-374.1(B)(1) separately makes it production of child pornography to accost, entice or solicit a person under 18 "with intent to induce or force such person to perform in or be a subject of child pornography." Subsection C of that section sets the penalties: 5 to 30 years where the minor is under 15, and 1 to 20 years where the minor is 15 to 17 (3 to 30 years if the offender is at least seven years older), with higher ranges for some repeat offenses. If you are being threatened with the release of images, our sextortion scams guide explains reporting and removal steps.

Virginia separately makes it a Class 1 misdemeanor under § 18.2-386.2(A) for a person, "with the intent to coerce, harass, or intimidate," to maliciously disseminate or sell an image of another person who is totally nude, among other images the section lists. Our Virginia deepfake laws page and the revenge porn laws by state guide cover image-sharing crimes in more detail.

Crimes often confused with extortion in Virginia

• Robbery. Robbery "by using threat or intimidation or any other means not involving a deadly weapon" is a Class 6 felony under Va. Code § 18.2-58(B)(4).
• Written threats. Under § 18.2-60(A)(1), knowingly communicating in writing, including an email, text message or social media post, "a threat to kill or do bodily injury to a person," which places the person or a family member in reasonable apprehension of death or bodily injury, is a Class 6 felony "regardless of whether the person who is the object of the threat actually receives the threat." No demand for money is needed.
• Theft. Virginia's larceny statutes are a separate scheme; see our Virginia larceny laws page. Deception-based schemes are covered on our Virginia scam and fraud laws page.

Recent changes

• 2023: Virginia enacted the sexual extortion statute, § 18.2-59.1 (Acts 2023, c. 612).
• 2025 and 2026: The General Assembly amended § 18.2-59.1 again (Acts 2025, c. 227; Acts 2026, c. 539). The text described above is the section as currently in force.
• Section 18.2-59, the general extortion statute, was last amended in 2010 (Acts 2010, c. 298).

Federal law also reaches interstate threats and extortion; our extortion and blackmail laws by state hub covers the federal statutes.

Related pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Virginia?

Yes, though Virginia calls it extortion. Under Va. Code § 18.2-59, threatening injury to someone's character, person or property, accusing them of an offense, or threatening to report them as illegally present in the United States, and thereby extorting money, property or a pecuniary benefit, is a Class 5 felony.

Is extortion a felony in Virginia?

Yes. Every violation of § 18.2-59 is a Class 5 felony regardless of the amount. The statute has no misdemeanor version.

What is the penalty for extortion in Virginia?

A Class 5 felony carries 1 to 10 years in prison, or, at the discretion of the jury or court, up to 12 months in jail and a fine of up to $2,500, either or both (Va. Code § 18.2-10(e)).

Is sextortion a crime in Virginia?

Yes. Va. Code § 18.2-59.1 makes sexual extortion a Class 5 felony when a malicious threat (a written image threat, or a threat of eviction, housing loss, property damage or financial loss) is made to cause a listed sexual act and the act results. An adult offender with a person under 18 (image threats) or under 15 (housing or financial threats) faces 1 to 20 years and a fine of up to $100,000. Soliciting a person under 18 to be the subject of sexual images is separately production of child pornography under § 18.2-374.1(B)(1).

What if the person threatened does not go along with the demand?

For sexual extortion, § 18.2-59.1(C) makes it attempted sexual extortion, punished as prescribed in the attempt statute, § 18.2-26. Section 18.2-59 is written in terms of a person who thereby extorts money, property or a pecuniary benefit. An attempt to commit any felony other than a Class 1 felony is punished under § 18.2-26; because extortion carries a maximum of 10 years, § 18.2-26(3) makes an attempt punishable as a Class 6 felony (1 to 5 years, or up to 12 months in jail and a fine of up to $2,500, either or both).

Is threatening to report someone's immigration status extortion in Virginia?

Section 18.2-59 lists threatening to report a person as being illegally present in the United States, and withholding a person's passport, immigration document or government ID, among the means of extortion, when the person thereby extorts money, property or a pecuniary benefit.