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Oct 2, 2023 · Most state laws define the elements of extortion as the gaining of property or money by almost any kind of force or threat of violence, property damage, harm to reputation, or unfavorable government action. Extortion is often charged as a felony criminal offense in most states.
extort - The act of gaining something, like money, from an individual by using force or threats, or improperly or illegally using authority or power.
To gain by wrongful methods; to obtain in an unlawful manner, as in to compel payments by means of threats of injury to person, property, or reputation. To exact something wrongfully by threatening or putting in fear.
- Elements of Offense
- Extortion by Public Officers
- Other Crimes Distinguished
- Defenses
- Punishment
- Federal Offenses
- Further Readings
Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result...
The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. The officer falsely claims authority to take that to which he or she is not lawfully entitled. This is known as acting under color of office. For example, a highway department officer who collects money from a tax delinquent automobile owner in ...
As a crime of theft, extortion is closely related to robbery and false pretenses. Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of ...
A person who acts under a claim of right (an honest belief that he or she has a right to the money or property taken) may allege this factor as an affirmative defense to an extortion charge. What constitutes a valid claim of right defense may vary from one jurisdiction to another. For example, M, a department store manager, accuses C, a customer, o...
Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include forfeiture of office. Under some statutes, the victim of an extortion may bring a civil action and recover pecuniary damages.
Extortion is also a federal offense when it interferes with interstate commerce. It is punishable by a fine, imprisonment, or both. Another federal statute makes it a crime to engage in extortionate credit transactions.
Block, Walter, and Gary M. Anderson. 2001. "Blackmail, Extortion, and Exchange." New York Law School Law Review44 (summer-fall): 541–61. Friedman, Lawrence M. 2002. "Name Robbers: Privacy, Blackmail, and Assorted Matters in Legal History." Hofstra Law Review30 (summer): 1093–1132. Jacoby, Neil H., Peter Nehemskis, and Richard Eells. 1977. Bribery a...
Blackmail, sometimes referred to as extortion, is the practice of: not reporting or keeping secret some embarrassing information about the individual. Under Title 18 of the United States Code, Section 873, a more specific subset of blackmail or extortion is prohibited as a federal crime .
extort vt [Latin extortus , past participle of extorquere to remove by twisting, obtain by force, from ex- out + torquere to twist] : to obtain (as money) from a person by force, intimidation, or undue or unlawful use of authority or power
May 5, 2023 · Extortion involves getting something of value through threat or coercion. A federal extortion charge is a serious criminal offense, most likely a felony, and a federal conviction can result in a federal prison sentence and permanent criminal record.
