West Virginia Extortion and Blackmail Laws: Penalties (2026)

Yes. Blackmail is a crime in West Virginia, where it is charged as extortion under W. Va. Code 61-2-13: threatening injury to a person's character, person, property or "any other thing of value," or accusing them of a criminal offense, and thereby obtaining anything of value or compelling an act, is a felony punishable by 1 to 10 years in a state correctional facility. Making such a threat without obtaining anything is also a felony. Since June 12, 2025, West Virginia has also had a separate sexual extortion statute, W. Va. Code 61-8B-6, for disclosing or threatening to disclose private images.

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

Jurisdiction scope: This article covers West Virginia's criminal statutes on extortion and attempted extortion (W. Va. Code 61-2-13), sexual extortion and aggravated sexual extortion (61-8B-6), threats to kidnap or demand ransom (61-2-14c), ransomware introduced with intent to extort (61-3C-4(b)), the repeat-offender statute (61-11-18) and second-degree robbery (61-2-12(b)), plus the civil action in 55-20-3 that names sexual extortion victims. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), West Virginia'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 West Virginia?

West Virginia treats extortion as its own crime, separate from larceny. The section is titled "Extortion or attempted extortion by threats," and subsection (a) reads in full:

"A person who threatens, by direct threat, indirect threat, or innuendo, injury to the character, person, property, or any other thing of value of another person, or to the character, person, property, or any other thing of value of his or her spouse, child, or family or household member, as defined in §48-27-204 of this code, residing in the household at the time of the offense, or accuses him or her or them of a criminal offense, and thereby obtains anything of value, or other consideration, or compels the other person, against the other person's will, to perform any act, he or she is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years. A person who makes such threat of injury or accusation of an offense as set forth in this subsection, but fails to obtain anything of value or other consideration, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than three years and fined not less than $1,000 nor more than $5,000, or both fined and imprisoned."

Subsection (b) then widens what counts as a payoff: "For purposes of this section, 'consideration' includes sexual contact, sexual intercourse, and sexual intrusion as defined in §61-8B-1 of this code, and private images as defined in §61-8B-6 of this code."

West Virginia's code does not use "blackmail" as the name of any offense; section 61-2-13 is titled extortion. Blackmail is the everyday word for the conduct that section covers.

Is extortion a felony in West Virginia?

Yes, in both forms the statute describes, and regardless of the amount involved. West Virginia does not sort felonies into lettered classes; each offense section states its own range. Section 61-2-13(a) sets two tiers:

• The threat succeeds (the person "thereby obtains anything of value, or other consideration, or compels the other person, against the other person's will, to perform any act"): not less than 1 year nor more than 10 years in a state correctional facility.
• The threat fails (the person makes the threat or accusation "but fails to obtain anything of value or other consideration"): not less than 1 year nor more than 3 years, and a fine of not less than $1,000 nor more than $5,000, "or both fined and imprisoned."

West Virginia extortion penalties

Every range in the table is stated in the offense section itself. Extortion and attempted extortion under 61-2-13 and threats to kidnap under 61-2-14c are also qualifying offenses under West Virginia's repeat-offender statute, W. Va. Code 61-11-18: for a person previously convicted of a crime punishable by imprisonment in a state or federal correctional facility, subsection (b) adds five years to a definite sentence (or doubles the minimum term of an indeterminate one), and subsection (d) provides for life imprisonment after two prior convictions with the same or substantially similar elements as a qualifying offense, with prior convictions from the same transaction or series of transactions counted as one, and with the most recent prior qualifying offense not counted if more than 20 years passed between the person's release from imprisonment or supervision for it and the conduct underlying the current charge. Sexual extortion under 61-8B-6 is not on that list. Under 61-8B-6(d), a minor who commits sexual extortion is not sentenced under these ranges; see the sextortion section below.

What kinds of threats count?

Section 61-2-13(a) is broad. The threat can be made "by direct threat, indirect threat, or innuendo," and it can be a threat of:

• injury to "the character, person, property, or any other thing of value" of the person threatened;
• injury to the character, person, property or other thing of value of "his or her spouse, child, or family or household member, as defined in §48-27-204 of this code, residing in the household at the time of the offense"; or
• an accusation of "a criminal offense."

The threat must be aimed at something the statute names: obtaining "anything of value, or other consideration," or compelling the other person, against his or her will, "to perform any act." The section does not mention threats about immigration status or threats to reveal a secret by those words.

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

The statute answers this only through its text. Section 61-2-13(a) lists accusing a person "of a criminal offense" and threatening injury to a person's "character" or "any other thing of value" among the covered threats, when the threat obtains or seeks to obtain something of value or other consideration, or compels an act. The section does not mention lawsuits or reviews by name, and its text contains no exception for a claim of right or a lawful demand.

Is sextortion a crime in West Virginia?

Yes. West Virginia's sexual extortion statute, W. Va. Code 61-8B-6, was created by Enrolled Committee Substitute for Senate Bill 240 (Chapter 75, Acts of the 2025 Regular Session), effective June 12, 2025. Section 61-8B-6(b) provides that a person commits the offense if he or she:

"knowingly and intentionally discloses, causes to disclose, or threatens to disclose a private image of another person in order to compel or attempt to compel the victim, any member of the victim's family or household, as defined in §48-27-204 of this code, residing in the household at the time of the offense, or his or her spouse or child, to do any act or refrain from doing any act against his or her will, with the intent to obtain additional private images, anything of value, or other consideration."

A "private image" is "an image depicting sexually explicit nudity or sexual activity including, but not limited to, an image that includes a person's genitalia, pubic area, anus, or female post-pubescent breasts."

The statute covers actual disclosure as well as threats, and its penalties carry minimum terms:

• First offense: not less than 1 year nor more than 5 years (61-8B-6(c)(1)).
• Second offense: not less than 3 years nor more than 10 years (61-8B-6(c)(2)).
• Third or subsequent offense: not less than 10 years nor more than 20 years (61-8B-6(c)(3)).
• Aggravated sexual extortion: not less than 10 years nor more than 20 years (61-8B-6(f)) when "the victim is a minor or a vulnerable adult and the person convicted of sexual extortion is an adult," or when "the victim suffers serious bodily injury or death and the finder of fact finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the serious bodily injury or death."
• Minor offender: under 61-8B-6(d), a minor who violates subsection (b) "shall be guilty of an act of delinquency," and disposition may be made by the circuit court under 49-4-701 through 49-4-725.

Separately, the general extortion statute defines "consideration" to include private images and sexual contact (61-2-13(b)).

For someone being threatened right now, our sextortion scams guide explains reporting and image-removal options. Crimes for sharing intimate images are covered on revenge porn laws by state, and West Virginia's rules on AI-generated images are covered on West Virginia deepfake laws.

Can a sextortion victim sue in West Virginia?

West Virginia's civil statute on intimate images names sexual extortion victims expressly. Under W. Va. Code 55-20-3(a), "Except as otherwise provided in §55-20-4 of this code, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent including, but not limited to, a victim of the offense of sexual extortion or aggravated sexual extortion under §61-8B-6 of this code, has a cause of action against the person if the person knew or acted with reckless disregard for whether: (1) The depicted individual did not consent to the disclosure; (2) The intimate image was private; and (3) The depicted individual was identifiable." All three conditions are part of the cause of action. For civil filing deadlines generally, see West Virginia statute of limitations.

Related offenses people confuse with extortion

Threats to kidnap or demand ransom (W. Va. Code 61-2-14c). A person who, "with intent to extort from any other person any ransom, money or other thing, or any concession or advantage of any sort," threatens to kidnap any person, or demands any of those things on a threat to kidnap, is guilty of a felony punishable by "confinement in the penitentiary for any term of years not less than five."

Ransomware (W. Va. Code 61-3C-4(b)). A person who, "with intent to extort money or other consideration from another, introduces ransomware into any computer, computer system, or computer network" is guilty of a felony punishable by a fine of not more than $100,000, a determinate sentence of not more than 10 years, or both.

Robbery (W. Va. Code 61-2-12). Robbery is a separate offense. Under 61-2-12(b), a person who "commits or attempts to commit robbery by placing the victim in fear of bodily injury by means other than those set forth in subsection (a)" is guilty of robbery in the second degree, punishable by "not less than five years nor more than eighteen years."

Theft and fraud. Taking property without a threat is covered on our page on West Virginia theft laws, and schemes that obtain money by deception are covered on West Virginia scam and fraud laws.

Federal law also reaches threats and extortion that cross state lines; see the extortion laws by state hub.

Recent changes

Enrolled Committee Substitute for Senate Bill 240 (Chapter 75, Acts of the 2025 Regular Session) rewrote 61-2-13 and created 61-8B-6. The Governor approved it on March 24, 2025, and it took effect ninety days from passage, on June 12, 2025. Its title describes it as an act "including a threat to any other thing of value for purposes qualifying extortion offense; increasing criminal penalties for extortion or attempted extortion by threats; creating crime of sexual extortion; establishing criminal penalties for sexual extortion; providing circuit courts optional dispositional conditions when minor adjudicated for a sexual extortion offense; creating crime of aggravated sexual extortion; establishing criminal penalties for aggravated sexual extortion; and providing for jurisdiction for prosecution of sexual extortion offenses in multiple counties." The text of 61-2-13 quoted on this page is the version in effect since June 12, 2025.

House Bill 4842 (Chapter 94, Acts of the 2026 Regular Session), approved April 1, 2026 and effective June 12, 2026, amended the civil remedy in 55-20-3 to name victims of sexual extortion and aggravated sexual extortion expressly and to make defendants found liable jointly and severally liable.

Related West Virginia pages

• Extortion and blackmail laws by state
• West Virginia deepfake laws
• West Virginia theft laws
• West Virginia scam and fraud laws
• West Virginia statute of limitations
• Sextortion scams: what to do if you are targeted

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in West Virginia?

Yes. West Virginia charges it as extortion under W. Va. Code 61-2-13. Threatening injury to someone's character, person, property or any other thing of value, or accusing them of a criminal offense, and thereby obtaining anything of value or other consideration or compelling an act against their will, is a felony.

Is extortion a felony in West Virginia?

Yes. Under W. Va. Code 61-2-13(a), extortion that obtains something or compels an act carries 1 to 10 years in a state correctional facility. A threat or accusation that fails to obtain anything of value or other consideration is still a felony, with 1 to 3 years and a fine of $1,000 to $5,000, or both. Repeat offenders can face more under W. Va. Code 61-11-18.

Is attempted extortion a crime in West Virginia?

Yes. Section 61-2-13(a) makes it a felony to make the threat or accusation the section describes but fail to obtain anything of value or other consideration, punishable by 1 to 3 years and a fine of $1,000 to $5,000, or both fined and imprisoned. Repeat offenders can face more under W. Va. Code 61-11-18.

Is sextortion a crime in West Virginia?

Yes. Since June 12, 2025, W. Va. Code 61-8B-6 makes it a felony to knowingly and intentionally disclose, cause to disclose, or threaten to disclose a private image to compel the victim or certain family or household members to act against their will, with intent to obtain more private images, anything of value or other consideration. The range is 1 to 5 years for a first offense, 3 to 10 for a second and 10 to 20 for a third or later offense.

What is the penalty for sextortion of a minor in West Virginia?

When the victim is a minor or a vulnerable adult and the person convicted is an adult, the offense is aggravated sexual extortion under W. Va. Code 61-8B-6(e)-(f), punishable by 10 to 20 years. A minor who commits sexual extortion is guilty of an act of delinquency, with disposition by the circuit court.

Is it extortion to threaten to report someone to the police unless they pay in West Virginia?

W. Va. Code 61-2-13(a) lists accusing a person of a criminal offense among the covered acts when it obtains anything of value or other consideration or compels an act, and makes a failed attempt a felony too. The section's text contains no exception for a claim of right or a lawful demand.

Can a sextortion victim sue in West Virginia?

W. Va. Code 55-20-3(a) gives, except as provided in 55-20-4, an identifiable depicted individual harmed by the intentional disclosure or threatened disclosure of a private intimate image without consent, including a victim of sexual extortion or aggravated sexual extortion, a cause of action if the person knew or acted with reckless disregard for whether the individual did not consent, the image was private and the individual was identifiable.