![]() ![]() Thus, in order to constitute extortion, it is sufficient if the defendant made a threat with the requisite intent and it reasonably appears to the recipient that the threat could be carried out.Įxamples of the kinds of threats that qualify for extortion are threats to cause physical harm to another, to cause damage to property, to subject another to physical confinement, to accuse someone of a crime, to expose a secret tending to subject someone to hatred, contempt, or ridicule, or to take action or withhold action as an official, etc. Statutes and courts have broadened the definition of extortion to include unlawful acquisitions of property by means of threats. ![]() Similarly, evidence of a demand or a request for a specific sum of money is not a prerequisite to a conviction of extortion. If the statute requires malice on the part of the defendant, it does not mean a feeling of ill will towards the person threatened, but the willful doing of an act with an illegal intent. ![]() Courts will find the specific intent by using an objective analysis of the entire surrounding circumstances and facts. The elements of extortion are a wrongful use of force or fear, with the specific intent of inducing the victim to consent to the defendant’s obtaining his property, which does not in fact induce such consent and results in the defendant’s obtaining property from the victim. The victim of an extortion acts from fear, whether of violence or exposure and there should be a specific intent on the part of the perpetrator to induce such fear in the victim. In order to be liable, the person must act with criminal intent. Whether a letter contains “true threat” is an objective inquiry, and “guilt is not dependent upon what defendant intended, but whether recipient could reasonably have regarded defendant’s statement as threat.” Also, a person shall be liable if the threat was of such a nature as would reasonably induce fear, even though communication was not delivered to person threatened.Įxtortion or attempted extortion is treated as an offense within the offense of bank robbery and the act of receiving, possessing, concealing, or disposing of the proceeds of extortion is punishable under federal law. Hence, Constitution requires that speech involved must constitute a “true threat.” In order to establish that certain language constitutes a “true threat,” the government must prove that the statement came in context or under such circumstances wherein a reasonable person would take that statement as serious expression of intention to inflict bodily harm and would perceive such expression as being communicated to effect some change or achieve some goal through intimidation. Title 18 of United States Code § 875 criminalizes extortion as a true threat is not protected by the First Amendment. Transmitting a threatening communication in interstate commerce for the purpose of extortion is also a punishable offense. Blackmail is another form of extortion whereby criminals obtains money from victims by threatening to expose private or embarrassing conduct. The essential elements of the federal crime of extortion are defendant’s use of actual or threatened force violence, or fear and the victim’s consent, however forced, to the transfer of property.Įxtortion is frequently utilized by organized crime to generate income and extortionists use measures such as shakedown rackets and loan-sharking as a means to obtain money. Any person who receives or demands money or any thing of value from someone as part of a threat against disclosing information, or as a consideration for not disclosing information, in violation of the law, shall be liable for extortion. ![]()
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