Chapter 14 Blackmail and Extortion

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 14 Blackmail and Extortion

A. Blackmail; S.C. Code Ann. § 16-17-640

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. S.C. Code Ann. § 16-17-640. See also 8 S.C. Jur. Extortion, Blackmail and Threats § 13 (2021).

1. Elements

A person is guilty of blackmail who:

a. Accuses another of a crime or offense; or
b. Exposes or publishes any of another's personal or business acts, infirmities or failings; or
c. Compels any person to do any act, or to refrain from doing any lawful act, against his will; or
d. Attempts or threatens to do any of such acts

(1) Verbally or by printing or writing or electronic

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