{"id":375428,"date":"2018-01-30T18:20:14","date_gmt":"2018-01-30T23:20:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-extortion-laws.html"},"modified":"2018-01-30T18:28:38","modified_gmt":"2018-01-30T23:28:38","slug":"north-carolina-extortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-extortion-laws.html","title":{"rendered":"North Carolina Extortion Laws"},"content":{"rendered":"\n
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North Carolina Extortion Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Gang members threaten to vandalize a store unless the owner pays them protection money; cyber attackers demand money in exchange for unlocking an organization’s important data; a college student promises to upload compromising pictures onto a website unless his ex-wife compensates him. These scenarios are just a few examples of the crime of extortion.<\/p>\n

Like robbery<\/a>, extortion is a property crime which can be accompanied by threats, but unlike robbery, the threats associated with the crime of extortion<\/a> are not considered imminent. Extortion occurs when an individual threatens or intimidates another person into agreeing to either give up money or do something to benefit the extorter.<\/p>\n

Blackmail in North Carolina<\/h2>\n

Extortion in many states<\/a> generally encompasses behavior that would be considered under the familiar term of "blackmail." However, North Carolina criminalizes these activities separately, distinguishing between the two offenses and establishing a separate blackmail statute.<\/p>\n

North Carolina Extortion Laws at a Glance<\/h2>\n

The chart below provides a summary of statutes related to North Carolina’s extortion laws, including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Extortion<\/b><\/p>\n<\/td>\n

An individual commits extortion when he or she threatens or communicates a threat to another with a wrongful intent to obtain:<\/p>\n

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  • Something of value or<\/li>\n
  • Any confirmation of the settlement of a fine or a debt<\/li>\n
  • Any advantage, or<\/li>\n
  • Immunity.<\/li>\n<\/ul>\n

    Courts have interpreted the "wrongful intent" to refer to the obtaining of the property and not to the threat itself. Extortion is a Class F felony<\/b>, punishable by a range of 10-41 months of incarceration, depending on prior convictions.<\/p>\n<\/td>\n<\/tr>

Blackmail<\/b><\/p>\n<\/td>\n

An individual commits blackmail when he or she either:<\/p>\n

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  • Knowingly sends a writing containing threats, making demands of property from another; or<\/li>\n
  • Sends a writing which threatens to accuse another person of a crime with "the intent to extort or gain" some property from the person.<\/li>\n<\/ul>\n

    Blackmail is a Class 1 misdemeanor<\/b> which is punishable by a jail sentence ranging from 1- 120 days, depending on prior convictions.<\/p>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n