Extortion

The most basic definition of extortion is obtaining property-usually money-through displays of violence, damage to property or reputation, and unfavorable actions. Extortion counts as a form of theft or larceny, with the main difference being that extortion does not place the victim at immediate harm, rather there is a psychological aspect to it with the pressure and manipulation involved. 

Most states count extortion as a felony with blackmailing as the most notable form of which. Blackmailing occurs when the victim’s sensitive or private information is threatened to be exposed by the offender in exchange for assets.  Offering protection to business people to keep their businesses safe is another common extortion crime. 

In this day and age of technology, we might feel as though we are a lot safer and that the human race has advanced as a whole, but along with these advancements came the leveling up of crimes. Extortion is usually done through phone calls, emails, instant messaging, and others. Extortion is considered a federal crime if interstate commerce is involved.  

Extortion Elements

In California, to execute an extortion conviction the prosecution must show beyond doubt the following elements: 

The defendant threatened to act in one of the following ways to the alleged “victim”:

• Ilegally injure or use force against them, another person, or their property
• Accusation of their family member or individual commitment of the crim
• Uncovering  a “secret”  involving them or their family which may lead to some sort of, disgrace , scandal or crime

When using force or making the threat, the defendant intended to force the alleged victim to consent to giving them money, property, or to perform an official act

As a result of the threat or use of force, the alleged victim consented to the defendant’s demands for money, property, or performing the official act.

As a result of the threat or use of force, the alleged victim complied with the defendant’s demands and actually gave the money, property, or performed the official act.

When it comes to extortion, the suspected victim may give consent hesitantly. It may be given by the use of threat or fear. The threat must be the deciding factor for the alleged victim offering their consent. Threatening to act in a way that is within a person’s legal rights is not a threat to commit injury. 

Extortion According to the California Penal Code

According to the California Penal Code 518 PC, extortion is defined as the use of force or threats in order to compel another person to provide money or property. It is also known as blackmail. Extortion is considered a federal crime that leads to lengthy prison sentencing. For the defendant to be convicted of extortion, the following must first be proven:

• Unlawful injury to the victim or the victim’s property
• Accuse another person of a crime
• Threatened to divulge personal secrets or information about the victim. 

The prosecutor must also prove that the defendant intended to use fear or force to obtain the victim’s consent, money, or property and that the victim relented to the demands out of fear. It must  also be proven that the victim complied with the demands of the defendant. 

What are the Penalties for Extortion?

An individual found guilty of extorting money or property in a manner that isn’t robbery or carjacking through force or threat faces punishment by imprisonment in a state prison for three to four years. If the victim did not comply with the threat, the defendant would be charged with attempted extortion. Attempted extortion is considered a wobbler offense. Wobbler offenses can either be felonies or misdemeanors. 

What is Cyberextortion?

Technology has plenty of great benefits and the quick sharing of information is one of them, but it tends to get misused. Cyberextortion is performed when cybercriminals use ransomware that encrypts an individual’s important files and documents, rendering these unreadable until a ransom is paid.