South Dakota Extortion Laws: Theft by Threat and Penalties (2026)

Blackmail is a crime in South Dakota, but the state charges it as theft. The South Dakota Codified Laws contain no offense called extortion or blackmail; obtaining someone else's property by one of the threats listed in SDCL 22-30A-4 is "theft by threat," graded by the value of what was obtained under the same rules as other theft. It becomes a felony once the value passes $1,000.

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

Jurisdiction scope: This article covers South Dakota's theft-by-threat statute (SDCL 22-30A-4), theft grading (22-30A-17 to 22-30A-18), the claim-of-right defense (22-30A-16), attempt (22-4-1), the penalty classes in 22-6-1 and 22-6-2, and the civil intimate-image cause of action (21-67-3). It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), image-sharing crimes themselves (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or city and county ordinances.

What is extortion in South Dakota?

South Dakota treats extortion as a form of theft. The theft chapter, SDCL chapter 22-30A, defines the offense in section 22-30A-4: "A person is guilty of theft if the person obtains property of another by threatening to" do one of seven listed things. The statute's heading is "Theft by threat," and the word blackmail is not the name of any South Dakota offense; it is the everyday word for this conduct.

The offense turns on obtaining property. A related section, 22-30A-8, also makes it theft to intentionally obtain "property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property."

A demand that fails can still be prosecuted as an attempt. Under SDCL 22-4-1, "Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime."

What kinds of threats count?

Under SDCL 22-30A-4, the threat must be to:

1. "Inflict bodily injury on anyone or commit any criminal offense;"
2. "Accuse anyone of a criminal offense;"
3. "Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair any person's credit or business repute;"
4. "Take or withhold action as an official, or cause an official to take or withhold action;"
5. "Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;"
6. "Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or"
7. "Inflict any other harm which would not benefit the person making the threat."

The last item is a catch-all. The list does not name threats about immigration status as a separate item.

South Dakota extortion penalties

Because theft by threat is graded like any other theft, the penalty depends mainly on the value of the property obtained, not on the kind of threat listed in 22-30A-4. Our South Dakota theft laws page covers theft grading in general.

The felony ranges come from SDCL 22-6-1 and the misdemeanor ranges from 22-6-2. They are maximums. Section 22-30A-17 also makes theft a Class 6 felony, at any value up to $2,500, when the property is a firearm, is livestock, or is taken from the person of another; this table shows the value tiers only.

Under 22-30A-18, "Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense."

Is extortion a felony in South Dakota?

Theft by threat is a felony when the property obtained is worth more than $1,000, starting at a Class 6 felony. At $1,000 or less, it is generally petty theft: a Class 1 misdemeanor above $400 and a Class 2 misdemeanor at $400 or less. But 22-30A-17 makes theft of a firearm, of livestock, or of property taken from the person of another a Class 6 felony at any value up to $2,500. The kind of threat listed in 22-30A-4 does not by itself change the grade.

Threats to sue, report someone, or expose a secret

South Dakota's threat list includes threats to "Accuse anyone of a criminal offense," to "Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair any person's credit or business repute," to "Take or withhold action as an official, or cause an official to take or withhold action," and to "Testify or provide information or withhold testimony or information with respect to another's legal claim or defense." Section 22-30A-4 contains no separate exclusion for lawful demands.

The theft chapter does contain a general affirmative defense in SDCL 22-30A-16:

"It is an affirmative defense to a prosecution for theft that the defendant: (1) Was unaware that the property taken was that of another; or (2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did."

Whether that defense applies to a particular demand is a question for a lawyer licensed in South Dakota.

Sextortion and intimate-image threats in South Dakota

South Dakota's code contains no section titled sextortion or sexual extortion. Three provisions bear on threats involving intimate images:

• Theft by threat, 22-30A-4. Obtaining property by threatening to expose a secret tending to subject a person to hatred, contempt or ridicule, or to "Inflict any other harm which would not benefit the person making the threat," is theft by threat, graded by value as shown above.
• Civil cause of action, 21-67-3(b). "Except as otherwise provided in § 21-67-4, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew, or acted with reckless disregard for whether: (1) The depicted individual did not consent to the disclosure; (2) The intimate image was private; and (3) The depicted individual was identifiable." This is a civil claim, not a crime.
• Image-privacy offense, 22-21-4. South Dakota's criminal statute on certain photographs and recordings made "without the consent or knowledge of the individual depicted or recorded" lists intent to "threaten" among the purposes it covers. It is graded from a Class 1 misdemeanor to a Class 5 felony depending on the subdivision violated, the victim's age and prior violations. Our South Dakota deepfake laws and revenge porn laws by state pages cover image offenses.

Where a minor is targeted, SDCL 22-24A-37 makes it manufacturing child pornography, a Class 2 felony (up to 25 years, with a mandatory minimum of ten years for a first offense), to create, cause the creation of, or knowingly permit the creation of a visual depiction of a minor engaged in a prohibited sexual act, and SDCL 22-24A-5 makes it a Class 4 felony for an adult to solicit a minor to engage in a prohibited sexual act. If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps.

Related South Dakota offenses people confuse with extortion

• Stalking, 22-19A-1. No demand for property is required. The section provides that no person may "Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury." Stalking is a Class 1 misdemeanor, and "any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony."

• Robbery, 22-30-1 and 22-30-7. Taking personal property from another's person or immediate presence against the other's will "by means of force or fear of force." First-degree robbery is a Class 2 felony and second-degree robbery a Class 4 felony.

Federal law

Federal law also reaches interstate threats and extortion, separately from South Dakota's statutes; our extortion laws hub covers the federal offenses.

Related pages

• Extortion and blackmail laws by state
• South Dakota theft laws
• South Dakota deepfake laws
• South Dakota scam and fraud laws
• Sextortion scams: what to do
• North Dakota extortion laws
• Nebraska extortion laws

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

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in South Dakota?

Yes. South Dakota has no offense titled blackmail, but obtaining another's property by threatening to accuse someone of a crime, expose a secret, or do another act listed in SDCL 22-30A-4 is theft by threat.

Is extortion a felony in South Dakota?

Theft by threat is a felony when the property obtained is worth more than $1,000, starting at a Class 6 felony (up to 2 years, a $4,000 fine, or both) under SDCL 22-30A-17. At $1,000 or less it is generally a Class 1 or Class 2 misdemeanor, but 22-30A-17 makes theft of a firearm, of livestock, or of property taken from the person of another a Class 6 felony at any value up to $2,500.

What is the penalty for extortion of a small amount in South Dakota?

Generally, theft by threat of property worth $400 or less is petty theft in the second degree, a Class 2 misdemeanor (up to 30 days in jail, a $500 fine, or both). Over $400 up to $1,000 is a Class 1 misdemeanor (up to one year, a $2,000 fine, or both). Theft of a firearm, of livestock, or of property taken from the person of another is instead a Class 6 felony at those values (SDCL 22-30A-17).

Is sextortion a crime in South Dakota?

South Dakota's code has no section titled sextortion. Obtaining property by threatening to expose a secret or inflict another listed harm is theft by threat under SDCL 22-30A-4, and SDCL 21-67-3(b) gives a civil cause of action for the threatened disclosure of a private intimate image. Where the target is a minor, causing the creation of a visual depiction of the minor engaged in a prohibited sexual act is manufacturing child pornography, a Class 2 felony under SDCL 22-24A-37.

Is threatening to report someone unless they pay extortion in South Dakota?

The threat list in SDCL 22-30A-4 includes threats to accuse anyone of a criminal offense and to take or withhold official action or cause an official to do so. Separately, SDCL 22-30A-16 makes it an affirmative defense to a theft prosecution that the defendant acted under an honest and reasonable claim of right to the property involved.