Extortion

Often called blackmail, extortion refers to wrongfully obtaining property from another person voluntarily following a threat of force or making them otherwise feel afraid. Forcing or threatening a public officer to perform an official act is also extortion. It is also considered extortion if force or threats are used to make a person sign a legal document that transfers property, rights, or money over to someone else.

Extortion is usually charged as a felony and carries a penalty of two, three, or four years in county jail, a $10,000 fine, or both.

However, if any instrument of ‘interstate commerce’ such as the Internet or the U.S. Postal Service is used to make threats, the case can be prosecuted by federal officials under 18 U.S. Code Chapter 41, which will result in harsh penalties and reduced plea bargaining options.

California Penal Code and Extortion

There are three statutes under the California Penal Code that deal with extortion and blackmail:

• Extortion by threat or force (Penal Code 518)
• Extortion by threatening letter (Penal Code 523)
• Extortion of signature (Penal Code 522)

Elements of Extortion by Threat or Force

1. The defendant threatened to do one of the following to the victim:
   • Unlawfully injure or use force against him/her, a third party, or his/her property,
   • Accuse him/her or a relative or family member of a crime, OR
   • Expose a secret involving him/her or a family member, or connect any of them with some kind of crime, disgrace, or scandal.
2. When making the threat or using force, the defendant intended to force the victim into consenting to give him/her money or property or to perform an official act;
3. As a result of the threat, the victim did consent to give the defendant money or property or do an official act; AND
4. The victim then actually did give the defendant money or property or perform the official act.

Examples of Defense Against Extortion

The most fundamental and common defense against extortion charges is that you did not coerce the alleged victim into consenting to hand over property.

To be guilty of blackmail in California, the threat you make must be the primary motive for the other person agreeing to give you his/her property or to perform an official act. If, during a preliminary investigation, we can prove that the alleged victim consented to handing over his/her property for a reason other than your force or threat, you will not be guilty of extortion.

There is often scant physical evidence in extortion trials, and verdicts often hinge upon the victim’s testimony, which is not always totally reliable or even credible. We may be able to prove that you didn’t threaten the other person, or that he/she was not placed in actual fear.