What is Extortion by Letter?
Extortion by letter involves sending a written communication with the intent to unlawfully obtain money, property, or something of value from another person through threats. In California, this crime is governed by Penal Code Section 523, which addresses written threats made with extortionate intent.
A quick guide to the elements of this offense is outlined in the California Criminal Jury Instructions (CALCRIM) 1831)
You can also watch our Video on Extortion by Letter.
The Grigorieva vs. Mel Gibson Case
A classic example of a claim of extortion by letter is the Oksana Grigorieva vs Mel Gibson case that resulted in the conviction of Mel Gibson for battery. During that case Oksana Grigorieva's lawyers made monetary demands for settlement and some of these were in writing. Law enforcement investigated this and statements by Oksana as extortion. This blog focuses on the extortion by letter investigation which was ultimately rejected by the district attorney of Los Angeles.
When Oksana Grigorieva and Mel Gibson battled over custody of their daughter she also saved the recordings of Mel Gibson making various threats against her. Law enforcement supported Mel Gibson and investigated Oksana for threatening to release those recordings unless he paid her millions of dollars. The defense was twofold. First that she was not extorting him but instead there was a civil lawsuit arising out of those threats and his physical assault against her. She contended that he wanted to stop release of the tapes and he initiated negotiation on that point. The other defense was this was not extortion because she never threatened release in exchange for money.
Elements of the Crime
To convict someone of extortion by letter the prosecution must prove the following elements beyond a reasonable doubt:
The Defendant Sent or Delivered a Letter or Written Communication: The accused must have sent, delivered, or caused the delivery of a written message, such as a letter, email, or other form of written communication.
Intent to Obtain Money or Property: The defendant must have intended to obtain money, property, or something else of value from another person. This includes tangible items, services, or other benefits.
Use of Threats: The letter or communication must contain a threat to do one or more of the following:
Unlawfully injure the victim or another person.
Damage or destroy property.
Accuse the victim or a family member of a crime.
Expose or impute a disgraceful act, deformity, or disgrace to the victim or their family.
Expose a secret affecting the victim or their family.
Intent to Induce Fear: The defendant must have intended to induce fear in the victim, compelling them to consent to giving up money or property. The fear does not need to be immediate, but it must be a motivating factor in the victim’s compliance.
Lack of Lawful Claim: The defendant must not have had a lawful claim to the money or property demanded. For example, demanding payment for a legitimate debt through threats still constitutes extortion if the method used is unlawful. This lack of lawful claim was the ultimate failure of the attempt to have Oksana Grigorieva arrested. Her claim was legitimate and she was entitled to compensation.
Key Considerations
No Actual Receipt Required: The crime is complete when the letter is sent or delivered with the requisite intent, even if the victim never receives it or complies with the demand.
Nature of Threats: The threats must be specific enough to create a reasonable expectation of harm or disgrace. Vague or ambiguous statements may not suffice.
Consent Under Duress: The victim’s consent to give up money or property must result from the fear induced by the threat, not from free will.
Penalties
Extortion by letter is a felony in California, punishable by:
Additional penalties may apply if the extortion involves aggravating factors, such as targeting a vulnerable victim or causing significant harm.
Defenses
Common defenses to extortion by letter include:
Lack of Intent: The defendant did not intend to extort or induce fear.
No Threat: The communication did not contain a qualifying threat.
Lawful Claim: The defendant had a legitimate right to the money or property and used lawful means to demand it.
Insufficient Evidence: The prosecution fails to prove all elements beyond a reasonable doubt.
