Title 18 of the United States Code is directed at crimes and criminal procedure. Chapter 41 defines extortion and threats, prohibiting a wide range of communications. Essentially, extortion involves making a threat, with the goal of receiving some form of compensation in connection with the threat. The statutes differentiate between threats of injury, kidnapping, murder, and other violent acts, and threats against property or reputation, coming together to create a comprehensive federal ban on extortion.

Generally, extortion becomes a federal crime when it involves interstate or foreign commerce. 18 U.S.C. §875 is directed at crimes involving interstate communications. Using interstate and foreign channels to demand ransom related to a kidnapping is punishable by up to twenty years in prison. The section also prohibits the use of interstate or foreign channels to threaten kidnapping or injury in order to extort any money or thing of value, which is similarly punishable by up to twenty years in prison. When the threat to kidnap or injure is unrelated to the extortion of money, the offense is punishable by up to five years in prison. Extortion involving threats of property damage or reputational injury is punishable by up to two years in prison. Federal law also prohibits mailing threatening communications 18 U.S.C. §876. If violent threats are sent through the way of the Postal Service, or with the intent to extort money or other things of value, the offense is punishable by up to twenty years in prison. When the threats are addressed to a United States judge, Federal law enforcement officer, or protected United States Officer, the offense is punishable by up to ten years in prison. When the threats are targeted towards property or reputation, rather than physical harm, the offense is punishable by up to ten years in prison.

The Eleventh Circuit confirmed a conviction under §845 in United States v. Smith, No. 23-12991, 2024 WL 1554862 (11th Cir. Apr. 10, 2024). In Smith, the defendant was a software engineer. He used a web application to breach the security of a company, deterring users from using the company’s website. The defendant was able to access internal data and the coordinates of private artificial reefs. Using this information, he made social media posts harming the company’s reputation, which he offered to take down in exchange for deep grouper spots. At trial, the district court defined two elements of extortion: that the defendant knowingly sent a message in interstate commerce containing a threat to damage the reputation of another, and that the defendant did so with the intent to extort something of value. On appeal, the Eleventh Circuit affirmed these elements, finding that each element had been sufficiently proven.

18 U.S.C. §877 prohibits mailing threatening communications from foreign countries, providing federal law enforcement with channels to enforce United States anti-extortion interests extraterritorially. If violent threats are sent through foreign channels to eventually reach the Postal Service, or with the intent to extort money or something of value, the offense is punishable by up to twenty years in prison. Depositing violent communication is punishable by up to five years in prison, and threats involving reputation or property injury are punishable by up to two years in prison. The coverage and penalties mirror domestic offenses, with §877 expanding the scope of extortion rather than the consequences.

Although other extortion laws provide a cause of action for threats to damage reputation, 18 U.S.C §873 specifically criminalizes blackmail. Blackmail is the use of threats to reveal information to demand money or other things of value. Offenses involving blackmail are punishable by up to one year in prison.

Federal extortion law heavily addresses political figures and public officials. 18 U.S.C §871 prohibits threats against the President, Vice President, President-elect, or any other officer in the order of succession. 18 U.S.C. §879 prohibits threats against former Presidents and their families, the families of the President and Vice President, major candidates for President or Vice President, and anyone else protected by the Secret Service. In either circumstance, offenders face up to five years in prison. 18 U.S.C §878 extends extortion protection to foreign officials, official guests, and internationally protected persons. Under §878, threats of assault are punishable by up to three years in prison, and other violent threats are punishable by up to five years in prison. If the threats are made in connection with an extortionate demand for money or other things of value, the maximum sentence increases to twenty years. 18 U.S.C. §874 protects public works employees, criminalizing the use of force or threat to induce public works employees to give up their compensation. §874 violations are punishable by up to five years in prison.

In addition to protecting public officials from extortion, federal law prohibits extortion from such officials. When an officer or employee of the United States uses the color of office to commit an act of extortion, the officer is in violation of 18 U.S.C. §872 and faces up to one year in prison.

Finally, 18 U.S.C. §880 criminalizes receiving the proceeds of extortion, punishable by between one and three years in prison. Taken collectively with the other anti-extortion statutes, §880 completes the chain, providing a cause of action against any end beneficiaries of the extortion. The comprehensive statutory scheme criminalizes attempts, the threats themselves, facilitating the communication, and receipt of the profits, encompassing a wide range of extortion activity.