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 Dakota, blackmail is considered a form of extortion and is addressed under the state's criminal statutes. Specifically, South Dakota Codified Laws (SDCL) classify extortion as a felony offense. Extortion involves the unlawful obtaining of property, money, or services from an individual through the use of force, threats of injury, or other forms of coercion. The penalties for extortion, which would include acts of blackmail, can vary depending on the severity of the threat and the value of the property or benefit demanded. If the act of blackmail involves threats to report or testify against someone regarding a violation of federal law, it may also be prosecuted as a federal crime under the relevant federal statutes. In such cases, the crime is handled by federal law enforcement agencies and is subject to federal prosecution, which can result in significant fines and imprisonment.