Is Blackmail Illegal in South Carolina? Blackmail Laws and Penalties

Yes. Blackmail is a crime in South Carolina, and the statute actually uses that name. Under S.C. Code 16-17-640, accusing someone of a crime, exposing or publishing their personal or business acts, infirmities or failings, or compelling them to act against their will, "with intent to extort money or any other thing of value," is blackmail, punishable by a fine of up to $5,000, up to 10 years in prison, or both. South Carolina has no general crime of extortion for threat-based demands (the only Code section titled extortion, 58-17-1950, concerns railroads charging unreasonable rates); threats to release a private sexual image are charged under the 2023 sexual extortion statute, S.C. Code 16-15-430 (Gavin's Law).

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

Jurisdiction scope: This article covers South Carolina's criminal statutes on blackmail (S.C. Code 16-17-640), sexual extortion (16-15-430), unlawful communication (16-17-430) and robbery (16-11-325), with the felony class table in 16-1-90 and the class sentencing limits in 16-1-20. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), South Carolina's separate crimes for sharing intimate images (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or local ordinances.

What is blackmail in South Carolina?

South Carolina charges threat-based demands for money or property as blackmail, a stand-alone crime in the chapter on offenses against public policy, not as a form of larceny. The full offense in S.C. Code 16-17-640 reads:

"Any person who verbally or by printing or writing or by electronic communications: (1) accuses another of a crime or offense; (2) exposes or publishes any of another's personal or business acts, infirmities, or failings; or (3) compels any person to do any act, or to refrain from doing any lawful act, against his will; with intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall be guilty of blackmail and, upon conviction, shall be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court."

Several features of that sentence shape the offense:

• The method. The statute covers words spoken, printed, written or sent "by electronic communications."
• Doing the act or threatening it. The offense covers actually accusing, exposing or compelling, and also attempting or threatening to do any of those acts, in each case with the intent to extort.
• What must be sought. The intent must be "to extort money or any other thing of value from any person." The words are not limited to cash.
• No value tiers. The penalty does not change with the amount demanded.

Title 16, Chapter 13 of the South Carolina Code (forgery, larceny, embezzlement, false pretenses and cheats) contains no theft-by-extortion or larceny-by-threat offense, and South Carolina has no general crime of extortion for threat-based demands (the only Code section titled extortion, 58-17-1950, concerns railroads charging unreasonable rates). "Blackmail" is therefore both the everyday word and the statutory name for this conduct. For property crimes generally, see our page on South Carolina theft laws.

Is blackmail a felony in South Carolina?

Yes. S.C. Code 16-1-90(E) lists "16-17-640 Blackmail" among the Class E felonies, and S.C. Code 16-1-20(A)(5) provides that a person convicted of a Class E felony must be imprisoned "not more than ten years." The blackmail statute itself sets the same 10-year ceiling and adds a fine of up to $5,000, either or both "in the discretion of the court." These are maximums; neither section sets a minimum term.

South Carolina blackmail and extortion penalties

South Carolina sorts felonies into classes A through F in S.C. Code 16-1-90, and S.C. Code 16-1-20(A) sets the maximum prison term for each class, including "not more than twenty years" for Class C, "not more than ten years" for Class E and "not more than five years" for Class F. The sexual extortion statute states its own maximum for each tier, and those are the figures in the table.

What kinds of threats count as blackmail?

Section 16-17-640 lists three kinds of acts, and the offense also covers attempting or threatening any of them with intent to extort:

1. Accusing another "of a crime or offense."
2. Exposing or publishing "any of another's personal or business acts, infirmities, or failings."
3. Compelling "any person to do any act, or to refrain from doing any lawful act, against his will."

Those three categories are the whole list. The section does not separately name threats of bodily harm, property damage, official action or immigration status.

Is it blackmail to threaten to sue, report someone, or post a bad review unless they pay?

Section 16-17-640 answers this only through its text. Its list includes accusing another "of a crime or offense" and exposing or publishing "any of another's personal or business acts, infirmities, or failings," in each case when done, attempted or threatened "with intent to extort money or any other thing of value." The section does not mention lawsuits by name, and its text contains no exception for a claim of right, restitution or a lawful demand.

Is sextortion a crime in South Carolina?

Yes. South Carolina enacted a specific sexual extortion statute in 2023 Act No. 54 (H.3583), known as Gavin's Law, effective May 18, 2023, codified at S.C. Code 16-15-430. Section 16-15-430(B) provides:

"A person commits the offense of felony sexual extortion if the actor intentionally and maliciously threatens to release, exhibit, or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his will, with the intent to obtain additional private images or anything else of value."

A "private image" is "an image depicting sexually explicit nudity or sexual activity, as defined in Section 16-15-375, or sexual conduct, as defined in Section 16-15-305."

The sentence steps up with each offense and with aggravating facts:

• First offense: not more than 5 years (16-15-430(B)(1)).
• Second offense: not more than 10 years (16-15-430(B)(2)).
• Third or subsequent offense: not more than 20 years (16-15-430(B)(3)).
• Aggravated felony sexual extortion: not more than 20 years (16-15-430(C)(2)) when "the victim is a minor or a vulnerable adult and the person convicted of sexual extortion is an adult," or when "the victim suffers great bodily injury or death and the finder of fact finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the great bodily injury or death."
• Minor offender: under 16-15-430(D), "If the person convicted is a minor, then the person is guilty of misdemeanor sexual extortion and must be sentenced by the family court."

For someone being threatened right now, our sextortion scams guide explains reporting and image-removal options. Crimes for sharing intimate images are covered on revenge porn laws by state, and South Carolina's rules on AI-generated images are covered on South Carolina deepfake laws.

Related offenses people confuse with blackmail

Unlawful communication (S.C. Code 16-17-430). Section 16-17-430(A)(2) makes it unlawful to "threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person." That subsection does not require a demand for money. Under 16-17-430(B), a violation is a misdemeanor punishable by a fine of "not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days."

Robbery (S.C. Code 16-11-325). Robbery is a separate offense. The statute provides that "The common law offense of robbery is a felony. Upon conviction, a person must be imprisoned not more than fifteen years."

Fraud and scams. Schemes that obtain money by deception rather than by a threat are covered on our page on South Carolina scam and fraud laws.

Federal law also reaches threats and extortion that cross state lines; see the extortion laws by state hub.

Recent changes

The most recent change to the blackmail and sexual extortion sections is 2023 Act No. 54 (H.3583), Gavin's Law, which created the sexual extortion offenses in 16-15-430 effective May 18, 2023. The history note for the blackmail statute, 16-17-640, lists 2001 Act No. 81 as its latest amendment. Separately, 2025 Act No. 37 (H.3058), effective May 12, 2025, created S.C. Code 16-15-332, which makes it a crime to disseminate an intimate image or digitally forged intimate image without consent.

Related South Carolina pages

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

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in South Carolina?

Yes. Under S.C. Code 16-17-640, accusing someone of a crime or offense, exposing or publishing their personal or business acts, infirmities or failings, or compelling them to act against their will, with intent to extort money or any other thing of value, is blackmail. Attempts and threats to do those acts with that intent are included.

Is blackmail a felony in South Carolina?

Yes. Blackmail is listed as a Class E felony in S.C. Code 16-1-90(E). Section 16-17-640 allows a fine of up to $5,000, up to 10 years in prison, or both, and sets no dollar threshold.

Does South Carolina have a crime called extortion?

No general extortion statute covers threat-based demands. South Carolina charges the acts listed in S.C. Code 16-17-640, done with intent to extort money or any other thing of value, as blackmail, and threats to release a private sexual image as sexual extortion under S.C. Code 16-15-430.

Is sextortion a crime in South Carolina?

Yes. Under S.C. Code 16-15-430 (Gavin's Law, 2023), intentionally and maliciously threatening to release, exhibit or distribute a private image to compel the victim to act against his will, with intent to obtain more private images or anything else of value, is felony sexual extortion: up to 5 years for a first offense, 10 for a second and 20 for a third or later offense.

What is the penalty for sextortion of a minor in South Carolina?

When the victim is a minor or a vulnerable adult and the person convicted is an adult, the offense is aggravated felony sexual extortion under S.C. Code 16-15-430(C), punishable by up to 20 years. If the person convicted is a minor, the offense is misdemeanor sexual extortion and the family court sentences.

Is it blackmail to threaten to report someone to the police unless they pay?

S.C. Code 16-17-640 lists accusing another of a crime or offense, and attempting or threatening to do so, when done with intent to extort money or any other thing of value. The section's text contains no exception for a claim of right or a lawful demand.

Is it a crime to threaten someone by text in South Carolina without asking for money?

S.C. Code 16-17-430(A)(2) makes it a misdemeanor to threaten an unlawful act by telephone or any other electronic means with intent to coerce, intimidate or harass another person. The penalty is a fine of $100 to $500 or up to 30 days.