![]() ![]() In order to prove that you committed extortion, a prosecutor must show that you specifically intended to use force or fear to compel someone else to give you money, property or the benefits of an official act - and that you actually followed through with it. People make decisions and act in what they feel is in their best interest and it can lead to situations involving the criminal justice system. Deportation or other immigration restrictionsĪs we mentioned above, extortion cases are complicated.Up to 4 years in California State Prison.Penalties for extortion in CaliforniaĮxtortion is a felony in California. Even though Don was involved in an illegal act himself and Steve believed he was acting morally, Steve is likely guilty of extortion here. He confronts Don and threatens to expose Don’s actions to the public unless he votes in favor of a cause that Steve is passionate about. Steve is a concerned citizen who becomes aware of this. ![]() Even though this situation had most of the elements of extortion, Mike never gave Linda additional money, so this is not extortion.Įxample 2: Don is a local politician who is embezzling money from the treasury. Mike reports this to the police and Linda is arrested. Linda threatens Mike that, unless he sends her more money in child support, she will accuse him of sexually assaulting their child. Note that the prosecutor must prove that the defendant intended to force the victim into an act to achieve a specific result, and that the act is what caused the victim to give the defendant money, property or an official act in their favor.Įxample 1: Mike and Linda are divorced, and they are sharing custody of their child. The victim then gave the money, property or performed the act in the defendant’s favor.As a result of the threat, the defendant did consent to give the defendant money, property or perform an official act.The threat was made with the intent to get the victim to consent to giving the defendant money, property or an official act in their favor.Expose a “secret” involving the victim or a family member, or connect them with another kind of disgrace or scandal.Accuse the victim or a family member of the victim of a crime.Commit an unlawful injury or use force against the victim, a third party or property.The defendant threatened to do one of the following:. ![]() These facts are known as the “elements of the crime,” and under California Penal Code 518 PC, extortion has four elements: ![]() This shows that the defendant was guilty of committing the crime. In order to convict someone of a crime, a prosecutor has to prove to a jury that certain facts of the case were true. Your attorney will review the facts of your case with you, advise you of the options available to you and help you craft your defense. We’ll dive into the specifics a little further down, but in the meantime, it’s important to know that if you or someone you know has been accused of extortion, we’d recommend speaking with a defense attorney as soon as possible. Are you committing extortion if you aggressively pursue someone for money or property that they owe you? What about situations with shared property? When do interactions with public officials cross the line? This broad definition can make situations difficult. It also applies in cases where someone has used force or fear to obtain favorable acts from public officials. It’s common to see innocent or well-meaning people find themselves in legal trouble as the result of a misunderstanding or mistake.Īlso known as “blackmail,” extortion is the crime of using force or threats to cause another person to give you money or property. ![]()
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