"Generally speaking, "assault" occurs when someone threatens bodily harm to another in a convincing way. Assault often is followed by battery, which is defined as unlawful physical conduct (often an act of violence, but also unwelcome sexual contact). Not all threats are considered assault. To rise to the level of an actionable offense (in which the plaintiff may file suit), two main elements must be present: The act was intended to cause apprehension of harmful or offensive contact; and the act indeed caused apprehension in the victim that harmful or offensive contact would occur. Therefore, a person who intends to cause apprehension of imminent harm and succeeds in doing so has committed the tort of assault, which also is a crime.
See more at: http://injury.findlaw.com/torts-and-personal-injuries/elements-of-assault.html
No, Findlaw doesn’t say otherwise. It says that the civil tort of assault is also a crime.
Again, a tort is a civil wrong wherein the aggrieved person (i.e. plaintiff) files a lawsuit in civil court and the defendant faces the possibility of paying monetary damages to the person he injured.
This man is charged with a criminal felony by the government, specifically felony blackmail and computer crimes. He faces jail time and monetary fines payable to the government.