Blackmail is the threatening, coercive act of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them—with the threat often being to reveal the information to the victim’s friends, family, or business associates. Blackmail (sometimes referred to as the crime of coercion or extortion) is a criminal offense in most states—whether the information is true or false.

The definition and penalties for the crime of blackmail vary from state to state—in some states blackmail is part of the criminal offense of extortion, and in some states blackmail and extortion are separate criminal offenses. The crime of blackmail may be prosecuted as a felony in some states—with potential prison time—or as a misdemeanor eligible for probation. The criminal offense of blackmail, coercion, or extortion is usually located in a state’s penal or criminal code (statutes).

Blackmail is also a federal crime when the threat is to report or testify against someone regarding an alleged violation of federal law (tax evasion, for example), coupled with a demand for money or something else of value in return for the blackmailer not reporting or testifying regarding the alleged violation of federal law.

In South Carolina, blackmail is generally considered under the umbrella of extortion, which is a criminal offense. Extortion involves unlawfully obtaining money, property, or services from a person through coercion, which includes threats of revealing damaging or compromising information. The specific statutes that address these actions can be found in the South Carolina Code of Laws, particularly under the section for crimes against person and property. The severity of the charge, whether it is treated as a misdemeanor or a felony, depends on the circumstances of the offense and the value of the money or property demanded. Penalties can range from fines to imprisonment, with more severe penalties for higher amounts or if the crime involves aggravating factors. Additionally, if the act of blackmail involves the threat of reporting an alleged violation of federal law, it may also be prosecuted as a federal crime, which can carry its own set of penalties including potential prison time.