Extortion

Extortion is the criminal act of threatening violence, harm to reputation, property damage or government action to another in order to obtain property, money or an official act. Blackmail is a form of extortion which involves the threat of exposing compromising information about the victim and/or his or her family. Extortion does not involve an imminent physical threat of violence, such as the use of a gun to force someone to give the offender money, but rather the threat or implication of harm if the victim does not comply. Even if the threatened act itself is not illegal, it may still be considered extortion. An example of this may be a person who threatens to tell a cheating judge's wife of his conduct if he does not render a specific verdict or sentence in a case.

Another element of extortion may be a public officer who acts under color of official right. This means that the officer accepts, requests or demands a fee, pretending to act in his or her official capacity, but in reality taking the fee for personal gain. The victim may consent to payment, but only does so because he or she is yielding to the officer's position of authority.

Attempting to commit extortion and actually committing extortion may both be considered criminal offenses. Depending upon the particular charges and where the crime was committed, this may be a misdemeanor or felony offense, resulting in imprisonment, fines and more. A defendant may face federal charges for extortion, depending on the case. If a public officer is convicted of extortion, forfeiture of office may be required as well.

Challenging Extortion Charges

As with the majority of criminal charges, intent is a key factor in extortion cases. It may be a valid defense that the defendant had an honest and reasonable belief that he or she had the right to the property or money taken. Depending on the jurisdiction, this defense may or may not be valid.

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