Is Blackmail Illegal in Hawaii? Extortion Laws and Penalties

Yes. Blackmail is a crime in Hawaii, charged as extortion under HRS 707-764 to 707-769. A person commits extortion by obtaining property, labor, or services through any of 12 listed threats, such as exposing a secret or accusing someone of an offense, or by using those threats to compel someone to act; depending on value and conduct it is a misdemeanor or a class C, B, or A felony.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii's extortion statutes (HRS 707-764 to 707-769), the sentencing and fine sections they rely on in chapter 706, violation of privacy in the first degree (HRS 711-1110.9), promoting child abuse in the first degree (HRS 707-750), attempt (HRS 705-500 and 705-502), and terroristic threatening (HRS 707-715 to 707-717). It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), the crime of sharing intimate images itself (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or county ordinances.

What is extortion in Hawaii?

Hawaii treats extortion as its own offense, not a grade of theft, and grades it in three degrees. Blackmail is not an offense name in the Hawaii Revised Statutes; it is the everyday word for conduct Hawaii charges as extortion.

HRS 707-764 defines extortion three ways. Under 707-764(1), a person commits extortion if the person "Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to" do any of the acts in the list below. Under 707-764(2), a person also commits extortion if the person "Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through (l)." And under 707-764(3), a person commits extortion who "Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means."

Two things follow from the text. Labor and services count, not only money or property. And the second route needs no property at all: compelling a person to do, or not do, something they have a legal right to choose is extortion when it is done by one of the listed threats.

What kinds of threats count?

HRS 707-764(1) lists 12 threats. A person must threaten, by word or conduct, to:

• "(a) Cause bodily injury in the future to the person threatened or to any other person;"
• "(b) Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;"
• "(c) Subject the person threatened or any other person to physical confinement or restraint;"
• "(d) Commit a penal offense;"
• "(e) Accuse some person of any offense or cause a penal charge to be instituted against some person;"
• "(f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;"
• "(g) Reveal any information sought to be concealed by the person threatened or any other person;"
• "(h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;"
• "(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;"
• "(j) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent;"
• "(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person;" or
• "(l) Do any other act that would not in itself substantially benefit the defendant but that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships."

The list reaches true as well as false exposure, information a person is trying to keep concealed, immigration documents, and, through paragraph (l), other acts calculated to harm someone's career, finances, reputation or relationships.

Hawaii extortion penalties by degree

The prison terms come from chapter 706. Under HRS 706-660(1), a person convicted of a class B or class C felony "may be sentenced to an indeterminate term of imprisonment," with a maximum of ten years for a class B felony and five years for a class C felony, except as provided in subsection (2), in section 706-660.1 (use of firearms in certain felonies), and in section 706-606.5 (repeat offenders). "The minimum length of imprisonment shall be determined by the Hawaii paroling authority." For a class A felony, HRS 706-659 provides for "an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation," apart from class A felonies in chapter 712, part IV, or section 707-702. A misdemeanor carries a definite term "not to exceed one year" (HRS 706-663).

The fine limits come from HRS 706-640(1): up to $50,000 for a class A felony, $25,000 for a class B felony, $10,000 for a class C felony and $2,000 for a misdemeanor, or "Any higher amount equal to double the pecuniary gain derived from the offense by the defendant."

Is extortion a felony in Hawaii?

It depends on the degree. Extortion is a felony when the property, labor, or services exceed $50 during any twelve-month period (class C) or $200 in total (class B), when it involves extortionate credit (class B), when it compels or induces conduct by threat (class C), or when a weapon is immediately available and physically used as part of the threat (class A). Other extortion of property, labor, or services is a misdemeanor under 707-767.

A demand that does not succeed can be charged as attempted extortion. Under HRS 705-500(1)(b), an attempt includes intentionally engaging in conduct that "constitutes a substantial step in a course of conduct intended to culminate in the person's commission of the crime," and under HRS 705-502, "An attempt to commit a crime is an offense of the same class and grade as the most serious offense which is attempted."

Statutory defenses: claim of right and restitution

HRS 707-769 writes two relevant defenses into the law.

Under 707-769(1)(b), "It is a defense to a prosecution for extortion as defined by paragraph (1) of section 707-764 that the defendant ... Believed that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did."

Under 707-769(4), the statute states an affirmative defense limited to particular threats:

"It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of section 707-764 and as further defined by subparagraphs (e), (f), (g), and (i), that the defendant believed the threatened accusation, penal charge, or exposure to be true, or the proposed action of a public servant was justified, and that the defendant's sole intention was to compel or induce the victim to give property or services to the defendant due the defendant as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed, or to induce the victim to take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates."

By its terms, the 707-769(4) defense covers only threats under subparagraphs (e), (f), (g) and (i): accusations or penal charges, exposure of a secret or asserted fact, revealing concealed information, and public-servant action.

Threats to sue, report, or post a bad review

The statute's own text speaks to these questions:

• Reporting someone to the police. Subparagraph (e) lists a threat to "Accuse some person of any offense or cause a penal charge to be instituted against some person." It is one of the threats the 707-769(4) affirmative defense covers.
• A bad review or public embarrassment. Subparagraph (f) lists a threat to "publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute," and subparagraph (l) other acts "calculated to harm substantially" a person's business, career or reputation.
• A lawsuit. A threat to file a civil lawsuit is not named in the list. Subparagraph (h) lists a threat to testify or provide or withhold information "with respect to another's legal claim or defense."

Is sextortion a crime in Hawaii?

Hawaii has no offense named sextortion. Three statutes speak to threats involving intimate images.

Violation of privacy in the first degree. Under HRS 711-1110.9(1)(b), the offense is committed when "The person knowingly discloses or threatens to disclose an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, education, financial condition, reputation, or personal relationships or as an act of revenge or retribution." Under 711-1110.9(1)(c), the same offense covers a person who "intentionally creates or discloses or threatens to disclose an image or video of a composite fictitious person depicted in the nude ... or engaged in sexual conduct ... that includes the recognizable physical characteristics of a known person so that the image or video appears to depict the known person," with the same intent to substantially harm or as an act of revenge or retribution. It is a class C felony (711-1110.9(4)). The text of this offense contains no demand element; it turns on the disclosure or threat and the stated intent.

Extortion. The extortion statute reaches a demand for property, labor, or services backed by a threat on its list, including a threat to "Expose a secret or publicize an asserted fact, whether true or false," and, under 707-764(2), compelling or inducing a person's conduct by such a threat. Compelling conduct by threat is second-degree extortion, a class C felony (707-766(1)(b)).

Minors. When the person depicted is a minor (under 18), HRS 707-750 makes it promoting child abuse in the first degree, a class A felony, to produce or participate in the preparation of child pornography, knowing or having reason to know its character and content; under the statute, "produces" includes to direct.

For someone being threatened right now, our sextortion scams guide explains reporting and image-removal options. Hawaii's rules on AI-generated sexual images are covered on Hawaii deepfake laws, and intimate-image crimes in every state on revenge porn laws by state.

Related offense: terroristic threatening

Terroristic threatening needs no demand. Under HRS 707-715, a person commits it if the person "threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony: (1) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or (2) With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation." First-degree terroristic threatening (HRS 707-716), which covers listed aggravated situations such as repeated threats, threats against a public servant arising out of official duties, or threats with a dangerous instrument or simulated firearm, is a class C felony (class B with a firearm or simulated firearm in a location listed in section 134-9.1(a)). All other terroristic threatening is second-degree, a misdemeanor (HRS 707-717).

For schemes that obtain money by deception rather than threats, see Hawaii scam and fraud laws. Federal law also reaches threats and extortion that cross state lines; see the extortion and blackmail laws by state hub.

Recent changes

The current text of HRS 707-764 carries the history note "[L 1979, c 106, pt of §1; am L 2001, c 33, §3; am L 2008, c 147, §4]," so the extortion definition was last amended in 2008. The degree sections 707-765 to 707-767 were also amended by L 2008, c 147, and the defenses section 707-769 by L 2015, c 35.

Related Hawaii pages

• Extortion and blackmail laws by state
• Hawaii deepfake laws
• Hawaii scam and fraud laws
• Sextortion scams: what to do if you are targeted

This article provides general legal information about Hawaii criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Hawaii.

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Hawaii?

Yes, as extortion. HRS 707-764 covers obtaining property, labor, or services, with intent to deprive, by threatening listed acts such as accusing someone of an offense or exposing a secret, whether true or false, and compelling someone to act or refrain by those threats.

Is extortion a felony in Hawaii?

It depends on the degree. Over $200 in a twelve-month period is a class B felony (707-765), over $50 or compelling conduct by threat is a class C felony (707-766), and other extortion of property, labor, or services is a misdemeanor (707-767). Any degree is a class A felony when a firearm, explosive, or dangerous weapon is immediately available and physically used as part of the threat (707-768).

What is the penalty for extortion in Hawaii?

A class B felony carries an indeterminate term with a 10-year maximum and a fine up to $25,000; a class C felony, a 5-year maximum and up to $10,000; a misdemeanor, up to 1 year and $2,000; a class A felony, an indeterminate 20-year term without suspension or probation and a fine up to $50,000 (HRS 706-640, 706-659, 706-660, 706-663).

Is it extortion in Hawaii to threaten to report someone unless they pay?

HRS 707-764(1)(e) lists a threat to accuse some person of any offense or cause a penal charge to be instituted against some person. HRS 707-769(4) states an affirmative defense where the defendant believed the threatened accusation, charge, or exposure to be true and the sole intention was to obtain restitution, indemnification, or compensation, or to induce reasonable action to prevent or remedy the wrong.

Is sextortion a crime in Hawaii?

Hawaii has no offense named sextortion. HRS 711-1110.9(1)(b) makes knowingly threatening to disclose a nude or sexual image of an identifiable person without consent, with intent to harm substantially or as revenge, a class C felony, including a fabricated image that appears to depict a known person (711-1110.9(1)(c)). Producing or directing sexual images of a minor under 18 is promoting child abuse in the first degree, a class A felony (HRS 707-750). The extortion statute covers demands backed by its listed threats, such as exposing a secret.