What is Extortion?
Extortion is a serious criminal offense involving the use of threats or fear to obtain property, money, or services from another person. California jury instructions 1800 and 1830 outline the elements of the crime of extortion under California law. The actual Penal Code sections are sections 518 and 519.
Extortion cases are often defended on the grounds that the person making the threat was exercising his or her rights to free speech but if the speech meets the criteria of sections 518 and 519 it is not protected speech. When President Trump was faced with monetary demands from Stormy Daniels, Daniel Horowitz wrote about the failure of the New York Attorney General to charge her conduct as extortion.
Similar extortions are taking place daily in cities like Los Angeles as high profile people are regularly shaken down in a similar manner.
Every crime has elements that need to be proven beyond a reasonable doubt. Here are the elements of extortion.
1. Intent to Obtain Property or Services
The defendant must have intended to obtain money, property, or services from another person.
This intent is central, as the goal of an extortion has to be to gain something of value.
2. Use of Force or Fear
The defendant must have used force or instilled fear in the victim to achieve their objective.
Fear can be induced through threats such as:
Threatening physical harm to the victim or their family.
Threatening to damage the victim’s property.
Threatening to accuse the victim of a crime.
Threatening to expose a secret that could harm the victim’s reputation or cause embarrassment.
3. Victim’s Consent Induced by Fear
The victim must have consented to give up their property or perform the requested act due to the fear caused by the defendant’s threats.
This consent is not voluntary but a direct result of coercion, compelling the victim to comply to avoid the threatened consequences.
4. Property or Services Obtained
The defendant must have actually obtained the property, money, or services as a result of the extortion.
This element ensures the crime is complete when the defendant achieves their unlawful objective.
Examples of Extortion
Consider these scenarios:
Blackmail: A person threatens to reveal compromising photos unless the victim pays a large sum.
Workplace Extortion: An employer threatens to fire an employee unless they perform uncompensated work.
Threats of Violence: A person demands payment from a shop owner, threatening to burn down their store if they refuse.
Each involves a threat, fear, and intent to unlawfully obtain something of value, meeting the criteria for extortion.
Legal Consequences of Extortion
Extortion is typically charged as a felony in California, with penalties including:
Up to 7 years in state prison, depending on the circumstances.
