
Home / Blog / Maryland Extortion (Blackmail) Charges Under CR 3-701 through Section 3-706: Elements, Penalties, and Defenses
Published on 9/10/2025, 12:44:00 PM
Maryland Extortion (Blackmail) Charges
Maryland treats blackmail as extortion. The State must prove you tried to get money, property, services or something of value by using a wrongful threat, and that the other person�s consent was caused by that threat. Some charges do not care whether the threat was true, others turn on whether a false claim was used. Penalties scale with dollar value and can reach 25 years for the top tier.
What counts as extortion in Maryland
Under Criminal Law Section 3-701, it is a crime to obtain, attempt to obtain, or conspire to obtain something of value with a person�s consent if that consent is induced by the wrongful use of force or violence, economic injury, immigration document leverage, or a threat to report someone�s immigration status.
In plain English, prosecutors focus on four elements in these cases:
- A communicated threat that can be spoken, written, or sent in messages like texts or emails. In some charge types, whether the claim behind the threat is true or false does not matter. In others, using a false claim is part of the offense.
- An intent to get something of value, even a small amount, or to force an act or forbearance. Attempts count.
- Consent caused by the threat, meaning the person complied because of the leverage, not for some independent reason.
- Wrongfulness of the leverage, for example a threat of violence, a threat to cause economic harm, or a threat tied to immigration status.
There is also a sex based variant where a threat is used to cause sexual activity or to make someone take part in producing a sexual image or performance. The focus is still on communication of a threat, purpose, and causation. That offense is called Sextortion.
Penalties by value
- Under 1,000 dollars misdemeanor, up to 18 months and or 1,000 dollars.
- 1,000 to 9,999 dollars felony, up to 10 years and or 10,000 dollars.
- 10,000 to 99,999 dollars felony, up to 15 years and or 15,000 dollars.
- 100,000 dollars or more felony, up to 25 years and or 25,000 dollars.
Felony extortion under this section has a five year statute of limitations period.
How the State tries to prove it, and how we push back
Communication
The State will point to texts, DMs, emails, or recorded calls. We test whether the words actually amount to a threat and whether the message can be pinned to you. Authentication and authorship matter when screenshots and phone records are involved.
Purpose
Expect prosecutors to argue you were seeking money, goods, services, or a specific act. If the goal was something lawful, or the message was just hard bargaining, that undercuts the claim of wrongful leverage.
Causation
They must show the person complied because of the threat. Independent reasons or lack of reliance can create reasonable doubt.
Truth or falsity
Some charges do not require a false claim. Others focus on whether a false statement was used. We frame the case around which version the State actually filed, then hold them to each element.
Valuation
Dollar value controls sentencing exposure, so we contest what counts as �value� and drive it to the lowest tier supported by the proof.
Digital evidence and searches
If devices or accounts were seized, we litigate scope, warrants, and chain of custody. See how search issues often decide outcomes on our robbery page and how we handle stacked theft cases.
Practical next steps if you are accused
- Stop discussing facts with anyone but counsel.
- Preserve messages and devices without deleting or altering files.
- Plan for the first court dates including any preliminary hearing and bail review.
- Map your defenses early wrongful threat, causation, authorship, value tier. Start with our criminal defense lawyer overview, then contact us.
We handle threat based prosecutions statewide, often alongside fraud and bad check and broader property crimes. If you need help now, contact us for a free consultation.
FAQs
Q: Does the threat have to be written?
A: No. Spoken words can qualify, and so can messages sent by text, email, or social apps, as long as the State proves what was said and who sent it.
Q: Do prosecutors have to prove the threat was false?
A: Not always. Some extortion charges do not require proof that the claim was false. Other versions focus on a false claim. It depends on which charge is filed.
Q: What if the person complied for reasons unrelated to my message?
A: Then causation is weak. The State must show the consent was caused by the threat, not by a separate reason.
Q: How bad can sentencing get?
A: It depends on dollar value. Under 1,000 dollars is a misdemeanor, the highest tier at 100,000 dollars or more carries up to 25 years.
Q: What about threats tied to sexual activity or images?
A: Maryland treats threats that cause sexual activity or cause someone to participate in creating a sexual image or performance as a separate form. The same ideas apply, communication, purpose, causation.
Ready to talk strategy? contact us today