Created by FindLaw's team of legal writers and editors | Last reviewed June 26, 2018
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The offense of extortion is a crime in which the actor forces the victim to give up money or other property by using coercion or threats of violence, financial hardship, property damage, or other harm such as damage to their reputation. Extortion is a form of theft because the perpetrator unlawfully takes property from another person. It shares traits with robbery because threats are involved, but with extortion, the threats aren't immediate and can be carried out later.
For instance, a couple is going through a custody dispute and the husband threatens to expose evidence of the wife's physical abuse against him to the police, unless she drops the custody dispute. Under these circumstances, the husband's threat could constitute extortion and he could be charged with this offense in most states, including Virginia.
The statute that details Virginia's extortion offense is easy to read compared to more complex statutes. However, it doesn't hurt to unpack the law even further using a "plain English" explanation. See the chart below for a basic overview for the extortion law in Virginia, including a link to the applicable statute.
Statute |
Virginia Annotated Code Section 18.2-59 |
Elements of the Crime
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An individual can be charged with extortion for the following actions:
The types of items that can be extorted from the victim include the following:
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Penalties and Sentencing |
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Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Extortion is a crime that people should take seriously and can often be hard to identify in the normal give and take of a negotiation. If you've been accused of violating Virginia's extortion laws, then it's in your best interests to consult with an experienced criminal defense attorney. An attorney can assess your case and let you know the available options.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Virginia attorneys offer free consultations.