Is Blackmail Illegal in Washington? Extortion Laws and Penalties

Blackmail is a crime in Washington, but the state's criminal code does not use that word. It charges threat-based demands as extortion, defined in RCW 9A.56.110 as knowingly obtaining or attempting to obtain "by threat property or services of the owner," a definition that "specifically includes sexual favors." Extortion is always a felony: a class B felony in the first degree when the threat is of bodily injury, property damage or confinement (RCW 9A.56.120), and a class C felony in the second degree for the other listed threats, such as accusing someone of a crime or exposing a secret (RCW 9A.56.130).

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

Jurisdiction scope: This article covers Washington's criminal statutes on extortion (RCW 9A.56.110 through 9A.56.130), the threat definitions in RCW 9A.04.110(28), coercion (RCW 9A.36.070), and the maximum sentences in RCW 9A.20.021, with short pointers to harassment (RCW 9A.46.020) and sexual exploitation of a minor (RCW 9.68A.040). 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 sharing of intimate images as its own crime (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 Washington?

Washington places extortion in its theft and robbery chapter, chapter 9A.56 RCW. RCW 9A.56.110 supplies the definition:

"'Extortion' means knowingly to obtain or attempt to obtain by threat property or services of the owner, and specifically includes sexual favors."

Three parts of that sentence carry most of the weight:

• The mental state is "knowingly."
• The demand need not succeed. The definition covers attempting to obtain as well as obtaining, so a threat made to get property or services falls within it even if nothing is handed over.
• The object is property or services, and the definition says in terms that this "specifically includes sexual favors."

Although extortion sits in the theft chapter, its grading works differently from ordinary theft. The two degrees turn on the kind of threat used, not on the value of what was demanded. For how Washington grades other kinds of theft by value, see our Washington theft laws page.

Is blackmail a separate crime in Washington?

No. Washington's criminal code has no offense named blackmail. Blackmail is the everyday word for conduct such as threatening to reveal a secret unless someone pays, which Washington charges as extortion. A threat to expose a secret is one of the second-degree threats listed below.

Washington extortion penalties

The maximums come from RCW 9A.20.021. For a class B felony it provides "confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine," and for a class C felony "five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both." For a gross misdemeanor defined in Title 9A, the court may impose up to 364 days in the county jail, a fine of not more than $5,000, or both. These are ceilings; the statute fixes the maximum, not the sentence a court imposes in a given case.

Is extortion a felony in Washington?

Yes, in both degrees. RCW 9A.56.120(2) states: "Extortion in the first degree is a class B felony." RCW 9A.56.130(3) states: "Extortion in the second degree is a class C felony." Neither section sets a value threshold, so a small demand and a large one fall in the same degree when the same kind of threat is used. A threat with no demand for property or services is outside the extortion sections; RCW 9A.36.070 (coercion) and RCW 9A.46.020 (harassment) reach some threats with no property demand.

What kinds of threats count?

Both degrees use the definition of "threat" in RCW 9A.04.110(28): "to communicate, directly or indirectly the intent" to do one of ten things. The first three make the offense extortion in the first degree:

1. "To cause bodily injury in the future to the person threatened or to any other person."
2. "To cause physical damage to the property of a person other than the actor."
3. "To subject the person threatened or any other person to physical confinement or restraint."

The remaining seven, when used as a "wrongful threat," make it extortion in the second degree:

4. "To accuse any person of a crime or cause criminal charges to be instituted against any person."
5. "To expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule."
6. "To reveal any information sought to be concealed by the person threatened."
7. "To testify or provide information or withhold testimony or information with respect to another's legal claim or defense."
8. "To take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding."
9. "To bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent."
10. "To do any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships."

The secret-exposure clause covers an asserted fact "whether true or false," so the truth of the information does not take a threat outside that clause. The list does not name a person's immigration status as a separate kind of threat.

The word "wrongful" in the second degree was added in 2002 (Laws of 2002, ch. 47). The legislature's note to that act states that it intended "to revise the crime of extortion in the second degree" by "adding a requirement that the threat required for conviction of the offense be wrongful."

Threats to report a crime, sue, or go public

RCW 9A.56.130(2) writes one statutory defense into second-degree extortion, and it is limited to threats about criminal charges:

"In any prosecution under this section based on a threat to accuse any person of a crime or cause criminal charges to be instituted against any person, it is a defense that the actor reasonably believed the threatened criminal charge to be true and that his or her sole purpose was to compel or induce the person threatened to take reasonable action to make good the wrong which was the subject of such threatened criminal charge."

The defense requires both parts: a reasonable belief that the charge is true and a sole purpose of inducing reasonable action to make good that wrong. By its terms it applies to a threat to accuse someone of a crime, not to the other threats on the list, such as exposing a secret.

The threat list does not use the word lawsuit. The closest items are clause (g), on testifying or withholding testimony or information about "another's legal claim or defense," and clause (j), on any other act "intended to harm substantially" a person's business, financial condition or personal relationships. The list also includes threats to "publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule." Whether a particular demand meets the statute is a question for a lawyer licensed in Washington.

Sextortion in Washington

Washington has no offense named sextortion or sexual extortion. Its general extortion definition reaches sexual demands directly: RCW 9A.56.110 states that the property or services obtained by threat "specifically includes sexual favors." A demand for sexual favors made by one of the listed threats therefore falls under the extortion sections, graded first or second degree by the kind of threat in the same way as a demand for money. The extortion sections set no separate grade based on the victim's age. Where the person threatened is a minor, RCW 9.68A.040(1)(a) makes it sexual exploitation of a minor to compel a minor "by threat or force to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance," a class B felony (up to 10 years, a fine of up to $20,000, or both under RCW 9A.20.021).

Sharing an intimate image is a different crime with its own elements. Under RCW 9A.86.010, disclosing intimate images is a gross misdemeanor on the first offense and a class C felony for a person with a prior conviction under that section or RCW 9A.86.030; that offense has no threat or demand element.

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

Coercion and other offenses people confuse with extortion

• Coercion, RCW 9A.36.070. A person commits coercion if "by use of a threat he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from, or to abstain from conduct which he or she has a legal right to engage in." The threat for coercion is narrower than for extortion: a threat to use force immediately against a person who is present, or a threat of bodily injury, property damage or confinement under RCW 9A.04.110(28)(a) through (c). It does not require any demand for property, and it is a gross misdemeanor.
• Harassment, RCW 9A.46.020. Knowingly threatening, without lawful authority, bodily injury, property damage, confinement, or maliciously any other act intended to substantially harm a person's physical health or safety, where the words or conduct place the person threatened in reasonable fear that the threat will be carried out. It needs no demand. It is a gross misdemeanor, and a class C felony in listed cases, including a threat to kill.
• Disclosing intimate images, RCW 9A.86.010. Covered above; it punishes the disclosure itself rather than a threat.
• Fraud and scams. Schemes that obtain money by deception rather than threat are covered on our Washington scam and fraud laws page.

Recent changes

The core extortion sections have changed little. The definition in RCW 9A.56.110 was last amended in 1999. The 2002 amendment to RCW 9A.56.130 (Laws of 2002, ch. 47) added the requirement that a second-degree threat be wrongful, and RCW 9A.56.130 was amended again in 2018 (Laws of 2018, ch. 22). RCW 9A.56.120 received a technical, nonsubstantive amendment in 2025 (Laws of 2025, ch. 58).

Federal law

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

Related pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Washington?

Yes, though Washington's code does not use the word. Knowingly obtaining or attempting to obtain property or services by a listed threat is extortion under RCW 9A.56.110, a class B felony in the first degree (threats of injury, property damage or confinement) and a class C felony in the second degree (other listed threats, such as exposing a secret).

Is extortion a felony in Washington?

Yes. RCW 9A.56.120(2) makes extortion in the first degree a class B felony (up to 10 years and a $20,000 fine) and RCW 9A.56.130(3) makes extortion in the second degree a class C felony (up to 5 years and a $10,000 fine). Neither degree depends on the value obtained.

Does extortion have to succeed to be a crime in Washington?

No. RCW 9A.56.110 defines extortion as knowingly obtaining or attempting to obtain property or services by threat.

Is threatening to reveal a secret extortion in Washington?

The threat list in RCW 9A.04.110(28)(e) includes a threat to expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule. Used to obtain or attempt to obtain property or services, that wrongful threat is the basis of extortion in the second degree, a class C felony.

Is it extortion in Washington to threaten to report someone to police unless they pay?

A threat to accuse any person of a crime is on the list in RCW 9A.04.110(28)(d). RCW 9A.56.130(2) states that, in a prosecution based on such a threat, it is a defense that the actor reasonably believed the charge true and that the sole purpose was to induce reasonable action to make good the wrong. How that applies to a specific demand is a question for a Washington lawyer.

Is sextortion a crime in Washington?

Washington has no offense named sextortion. Its extortion definition in RCW 9A.56.110 specifically includes sexual favors, so a demand for sexual favors made by a listed threat falls within the extortion sections, graded first or second degree by the kind of threat. Where the person threatened is a minor, compelling the minor by threat or force to engage in sexually explicit conduct, knowing it will be photographed or part of a live performance, is sexual exploitation of a minor under RCW 9.68A.040, a class B felony.

What is the difference between extortion and coercion in Washington?

Extortion requires obtaining or attempting to obtain property or services (including sexual favors) and is a felony. Coercion under RCW 9A.36.070 is using a threat of immediate force, injury, property damage or confinement to compel someone to do or not do something they have a legal right to choose; it is a gross misdemeanor, up to 364 days and a $5,000 fine.