Is threatening to out someone a crime? When the threat is that a creator is trans

Often, yes. When someone threatens to out a creator, such as telling people the creator is trans or posting a former name or photos from before transition, unless they are paid or sent content, that can be extortion in the US under 18 U.S.C. § 875(d) when the message is sent in interstate or foreign commerce, such as across state or national borders. In England and Wales, an unwarranted demand with menaces is blackmail under section 21 of the Theft Act 1968.

The threat may be to tell family, an employer or followers, or to link a current name to an older one. This guide explains what the law says about that kind of threat and the steps that keep the evidence intact without widening who knows. It is written by Beloura, a management agency built for trans creators.

This is general information, not legal advice. Laws differ by country and US state, so check with a qualified lawyer or the police about a specific threat.

Why a threat to out a trans creator is usually an extortion question, not an image problem

Most guides about online threats are written around intimate images. The tools they point to, such as StopNCII and intimate-image laws, are built for that case. A threat to out a trans creator is often different. The leverage is information: that the creator is trans, a former name, or photos from earlier years. None of those is an intimate image.

That changes which rules apply. Intimate-image tools may not fit at all. Extortion and blackmail laws do not depend on an image. They are about a demand backed by a threat, including a threat to someone's reputation.

The reach is also different. A threat about a creator's account usually concerns the account. A threat to out a trans creator can reach relatives, a workplace or a home town where people may know the creator only by a former name, and can link a current name to records under the older one. That can make it a safety issue as well as a privacy one.

What US federal law says: 18 U.S.C. § 875(d)

Section 875 of title 18 of the US Code covers threats sent in "interstate or foreign commerce". Subsection (d) covers a message sent "with intent to extort" any "money or other thing of value". The message must contain "any threat to injure the property or reputation of the addressee or of another".

The penalty written into the statute is a fine, up to two years in prison, or both.

Three parts of that wording matter for a threat to out someone:

• A demand. The statute needs an intent to extort money or another thing of value. Whether a demand for content counts as a "thing of value" is a question for a lawyer or prosecutor.
• A threat to reputation. A threat to tell people someone is trans, or to publish a former name, is about how others will see that person. Whether it counts as a threat to "injure" reputation is for the courts.
• Crossing a border. The message has to travel in interstate or foreign commerce. Messages sent over the internet often cross state lines, but whether a particular one did is a question of fact.

US states also have their own extortion, blackmail and harassment laws, and they differ. A state law may cover a threat that the federal statute does not. The state attorney general's office or a local lawyer can say which law applies.

England and Wales: blackmail under the Theft Act 1968

Section 21 of the Theft Act 1968 defines blackmail. A person is guilty if they make "any unwarranted demand with menaces". They must do it "with a view to gain for himself or another or with intent to cause loss to another".

A demand is "unwarranted" unless the person making it believes two things. They must believe they have reasonable grounds for the demand, and that the menaces are a proper way to reinforce it.

Two parts of the section bear on an outing threat. Section 21(2) says the nature of the act or omission demanded does not matter, which is relevant when the demand is for content rather than money. And the wording does not limit what the menaces can be about. Whether a threat to reveal that someone is trans, or to publish a former name, amounts to menaces in a particular case is for the police and courts.

The maximum sentence on indictment is 14 years in prison. Section 21 applies in England and Wales. Scotland and Northern Ireland have their own laws, so check with the police or a solicitor there.

The full text is on legislation.gov.uk, the UK government's official legislation site, under the Theft Act 1968, section 21.

First steps when someone threatens to out a creator

With an outing threat, the evidence is itself sensitive: the screenshots may contain the former name or older photos the person is threatening to share. These steps keep the evidence and keep decisions in the creator's hands.

1. Save the messages. Take screenshots that show the sender's username, the message, and the date and time.
2. Store them privately. Keep the screenshots in an encrypted or locked folder, not in a shared cloud album, a family device or a work computer, where someone else could see the former name or older photos.
3. Record the account details. Note the profile link, username and display name of every account involved. Accounts can be renamed or deleted.
4. Save any links. If the person says they have posted something, save the full link and a dated screenshot of the page.
5. Keep the originals. Keep files outside the app as well as inside it. The FBI's Internet Crime Complaint Center (IC3) does not take attachments. It says an agency that opens an investigation may ask for the originals.
6. Check what is already exposed, quietly. Look at whether the channels named in the threat, such as an old account still linked to a former name, are already public. Do not contact family, an employer or anyone else on the threatener's timetable.
7. Report the account on the platform where the threat arrived, then block it. Instagram's help page on threats lists reporting the person and blocking them as options. It says that once someone is blocked, they no longer have access to the profile.
8. Write down what was demanded and by when. A short note made at the time is easier to rely on later than memory.

Paying, or sending content, does not take back what the person already holds. None of the official pages read for this guide recommends negotiating. Instagram's threat page lists three options instead: contact local law enforcement, report the person to Instagram, and block them.

If a former name or older photos have already been posted with personal details, Google's personal information policy may help. Google removes results that show personal info "along with explicit or implicit threats". It also removes "a significant amount of aggregated personal info without a legitimate purpose". The guide on leaked content covers that route.

Where to report a threat to the police

Reporting an outing threat does not have to mean explaining gender history. The threat messages are the evidence, and they show what was threatened. How much background to add, to the police or to a platform, is the creator's decision. A report may ask for and record the creator's legal name, which can differ from the name used socially or online, so it helps to check what a form asks for before starting.

In the US. The FBI runs the Internet Crime Complaint Center at ic3.gov. IC3 describes itself as the central hub for reporting cyber-enabled crime. It says complaints may be referred to federal, state, local or international law enforcement. Any contact or investigation is at the receiving agency's discretion. Local police are another route, especially when there is a risk to physical safety.

In the UK. GOV.UK's "Contact the police" page says to call 999 if a crime is in progress or someone is in immediate danger. For non-emergencies, it gives 101. It lists online reporting for England and Wales, Scotland and Northern Ireland.

Elsewhere. Contact the local police. Instagram's threat page lists contacting local law enforcement as the first option.

Where StopNCII fits

StopNCII covers intimate images only, of people who were over 18 in the image, so it does not cover a former name, a non-intimate older photo or a statement that someone is trans. When a threat also involves an intimate image, StopNCII can cover the image while the extortion report covers the threat. The guide on leaked content explains that route.

What changed

• 3 October 2026: first published. The US statute, the Theft Act section, and the Instagram, StopNCII, Google, IC3 and GOV.UK pages were checked on that date.