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Extortion
Most states define extortion as a criminal offense that happens when someone unlawfully gains money, property, or services from someone else or a company by using threats of violence, property damage, harm to reputation, or unfavorable government action. Extortion appears to be common practice among organized crime groups. A person doesn’t actually have to obtain the money or property to have committed extortion. By merely threatening violence or a lawsuit if payment of money or property is not given, or requiring payment or property in order to put a stop to future violence or a lawsuit is sufficient to commit extortion.
Extortion can also be committed through the use of a computer, phone, using any instrument of “interstate commerce”, or by mail in the United States and be considered a federal crime. Extortion requires that the person who sends the message does so “willingly” and “knowingly.” The message does not have to reach its intended recipient in order for the crime of extortion to be committed.
Extortion is different from blackmail in that a blackmailer threatens to do something that would normally be legal or allowed. A bank extortion can be committed if the criminal hands a letter to the teller telling him or her to hand over the money or harm may come to them. Extortion can be committed with or without using force and with or without using a weapon; however, it always involves using a written or verbal threat. While extortion is considered a form of theft, it does differ from robbery in that the actual threat does not pose any immediate physical danger to the intended victim.
Under today’s common law, extortion is considered a misdemeanor consisting of unlawfully taking of money by a public official. It is a severe misuse of power with which the law gives to a public official. The majority of jurisdictions have statutes that govern extortion that broaden this common law definition. Under these statutes, anyone who accepts money or property from someone else via illegal coercion may be guilty of extortion. Also, under some statutes a corporation may be guilty of extortion.
Extortion is usually punishable by imprisonment or a fine, or possibly both. If it is committed by a public official, then the punishment may also include they forfeit their office. Victims may also be able to seek civil action against an extortionist under some jurisdictions in order to recover some pecuniary damages. If the extortion that has been committed interferes with interstate commerce, then it is also punishable by a fine, imprisonment, or both.
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