Extortion

This FindLaw article provides an overview of the elements of the offense and the types of extortion that may be included in a criminal case brought by law enforcement that could lead to a felony conviction.

The Crime of Extortion

The crime of extortion includes obtaining money, property, or something else of value by using a threat or force against the victim, the victim’s property/reputation, or the victim’s family members. Extortion is often charged as a felony criminal offense in most states. States usually set the severity of the charge based on the dollar amount extorted from the victim. Lower values can lead to less severe charges, such as misdemeanor charges in some instances.

Examples of Extortion

Blackmail is a form of extortion in which the threat is to reveal embarrassing and damaging information to family, friends, or the public. Inherent in this common form of extortion is the threat to expose the details of someone's private life to the public unless some form of payment occurs. Blackmail can happen to someone who is a public official or a private citizen. These are typically white-collar crimes.

Another example of an extortion case is if a witness in a civil case contacts the attorney for one of the litigants and demands to be paid for their testimony in court. They claim that their memory is unreliable, but they can remember anything for $1,000. Their offer to provide false testimony endangers the property interest that the litigant has in the outcome of the lawsuit.

The charge of extortion can take place over the telephone, via mail, text, email, or other computer or wireless communications. If any method of interstate commerce is used in the extortion, it can be a federal crime charged pursuant to federal law.

Extortion Statutes

Nearly all extortion statutes criminalize a threat against the person or property of the victim. These statutes may also include threats to harm the victim's friends or relatives. 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 in public embarrassment or ridicule. The threat does not have to relate to an unlawful act.

For example, consider California Penal Code § 518, which defines extortion as:

“the obtaining of property or other consideration from another, with their consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."

Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to their defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in their career or reputation is extortion.

Cyber Extortion

While some may believe that extortion only happens in smoky backrooms or among shady mobster characters, it can also occur in the modern digital world. Cyber extortion is a new way for criminals to find victims and trap them via their keyboards or smartphones.

Some cybercriminals use a tool known as "ransomware" to encrypt a victim's important files and documents, making them unreadable until a ransom is paid. Cybercriminals tend to focus their efforts on larger-scale targets such as corporations with large amounts of data and deeper pockets.

Questions About Extortion? Reach Out to an Attorney

If your heated discussions with a business associate, a client, a friend, or a family member cross the line and your words are taken as a threat to gain money or any other sort of advantage, then the police could arrest you and charge you with attempted extortion.

If you are facing a criminal investigation, felony offense, or prison term, your best move is to contact a local criminal defense attorney to better understand the extortion laws in your jurisdiction and come up with a defense strategy to combat what type of penalties you may be facing, such as a prison sentence and a criminal record. They are criminal law experts and can put their experience to work for your defense.