Extortion Laws
Extortion may be viewed as not only a white collar crime but also a theft crime or a violent crime, depending on the circumstances. Someone suspected of committing extortion should get an attorney on their side right away and refrain from talking to law enforcement about their situation in the meantime. Trying to handle the situation on your own could backfire, even if you are convinced that you did nothing wrong. A conviction of extortion may lead to serious consequences, such as years in prison and difficulty in getting certain jobs after release.
Elements of Extortion
A prosecutor bringing an extortion charge usually needs to show that the defendant acquired or tried to acquire money or something else of value by threatening another person. (Some extortion statutes also cover threats meant to compel a person to do or not do something.) Threats may involve physical harm or property damage, or they may involve reputational harm, such as accusing someone of a crime or disclosing a secret about them. Still other threats may involve adverse government action. For example, Arizona Revised Statutes Section 13-1804 defines extortion to include threatening to take or withhold action as a public servant.
Examples of Extortion
Phil asks Vern for $1,000 to deal with a family matter. When Vern refuses, Phil says that he will send his brother to knock some sense into Vern if he does not hand over the money.
Valerio gives money to Pedro after he says that he will tell immigration authorities that Valerio entered the U.S. illegally unless he gives Pedro the money. This would fall within the definition of extortion in states such as California.
Offenses Related to Extortion
Some other offenses that could be charged in situations similar to those supporting an extortion charge include:
- Fraud: the defendant used deception or misrepresentation to obtain something of value
- Larceny: unlawfully taking property from someone else with the intent to deprive them of it
- Robbery: taking property from someone else through the use or threat of force, usually in the victim’s person or presence
- Blackmail: as noted above, extortion that involves a threat to reputation
The definition of each of these crimes varies somewhat by state. A local attorney can explain what the prosecution needs to prove under a particular section of a criminal code.
Defenses to Extortion
Sometimes a defendant might challenge the other person's account of what happened. This might involve arguing that they did not actually threaten that person. For instance, Phil in the first example above might claim that he said that he would send his brother to "talk" rather than "knock" some sense into Vern. If this is true, it is probably not extortion. Perhaps Vern innocently misheard, or perhaps he has a grudge against Phil or some other reason for wanting to get him in trouble.
Another strategy might involve arguing that the defendant lacked the intent to extort. For example, perhaps Vern refuses Phil's request for money and then goes around telling people that Phil is a spendthrift. If Phil says that he will send his brother to beat up Vern at this point, this might be revenge for Vern's comments rather than trying to get money or something else from him.Penalties for Extortion
Even though it often does not cause any physical harm, extortion may result in a significant amount of time behind bars. Here is a selection of potential prison terms under extortion statutes in various states:
- Arizona: 1.5-3 years (2.5 years presumptive)
- California: 2, 3, or 4 years
- Florida: up to 15 years
- Massachusetts: up to 2.5 years in house of correction, or up to 15 years in state prison
- Michigan: up to 20 years
- Washington: up to 10 years if the threat involved physical injury, property damage, or physical confinement or restraint; up to 5 years for other threats
- Wisconsin: up to 6 years
Some states, such as Texas, do not have a specific extortion statute. Instead, they simply charge extortion as a type of theft. This means that the potential penalties generally depend on the amount of money or property that the defendant unlawfully acquired.
