Extortion itself usually encompasses a broader range of conduct than blackmail. When we think of blackmail, we usually think of hush money or a bribe to keep someone silent. Blackmail occurs when an offender extorts money from a victim by threats of accusation or exposure. Quite often, extortion and blackmail are used interchangeably. Some break it down even further and list different types of extortion. Types of ExtortionĮvery state government, as well as the federal government, has laws making extortion a crime. In other words, a prosecutor can prove the accused intended to deprive the victim of property without having to actually show what was going on in the defendant's head. The circumstances and facts surrounding the threat also help to show the actor's intent. Intent is not based on the defendant's statements alone. A person who merely made a mistake of fact or a miscalculation does not have corrupt intent. Unlawful Conduct Done With a Corrupt IntentĪ person commits extortion when making a threat with the specific intention of forcing another person to provide money, property, or something of value. In some states, merely making a threat is enough to qualify as a crime, whether or not the victim felt fearful. For example, under California's law, a person can commit extortion by threatening to injure the victim or another person, accuse the victim of a crime or of some other disgraceful conduct, expose a secret, or report a person to immigration.Īn offender can make the threat verbally, in writing, or even through non-verbal gestures or other communications. The fear can be based on almost anything, such as the fear of violence, economic loss, social stigma, deportation, or anything else that might cause the victim to act or hand over the property. The threat itself must be able to cause fear in the victim. Communicating a ThreatĮxtortion requires the actor to make some type of threat that states an intention to commit an injury or harmful action against the victim. Typically, sexual acts are covered, though some states have specific laws that govern sexual extortion, such as Arizona. It's also not necessary for the accused to actually deprive the victim of property, as attempting to extort property constitutes a crime as well.Ĭourts have held that the property involved in extortion can include such property as cash, tangible goods, liquor licenses, debts, and even agreements not to compete in business. However, the property doesn't need to be actual physical property or have a dollar value. The type of property an offender tries to obtain when using extortion encompasses almost anything that has value. by threatening another with personal or reputational harmĪttempting to Gain Property, Money, or Something of Value.attempting to gain money, property, or something of value.(In some states, extortion involves public officials' actions, while blackmail applies to those of private citizens, even though the conduct is similar.) Let's break down the elements of extortion. Today, however, this unlawful act applies to the conduct of private citizens as well. Traditionally the crime of extortion only covered actions done by public or government officials. Both state laws and federal law make extortion a crime. Extortion occurs when someone attempts to obtain money, property, or other valuables by threatening to commit violence, accusing the victim of a crime, or revealing private or damaging information about the victim.
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