Daniel H Wolf, Califorina ExtortionWho does this sound like?
CALIFORNIA EXTORTION
Definition · Law
Bribery · Blackmail · Lobbying · Corruption
The Criminal Act of Extortion
California extortion is a criminal offense whereby the defendant obtains goods or services by the use of direct threats or threatening behavior. Example of threats for extortion purposes include:
- Threats to do bodily injury;
- Threats to expose secret and/or harmful information;
- Threats to accuse the victim of a crime.
Clarifying Extortion
The crime of extortion should not be confused with the crimes of robbery, lobbying, or corruption. Robbery is the crime of taking another's possession or possessions by the use of force. Lobbying is not a crime but can lead to bribery (a form of extortion). Corruption involves the persuasion of legislators and is a separate crime from extortion. Learn more about extortion definitions and related terms.
Crimes of extortion all have one thing in common: They attempt to illegally gain behavior changes, property, or funds through the use of threats, bribes, or character defamation. Types of extortion include extortion itself, bribery, and blackmail.
The Legal Definition of Extortion
According to the California Penal Code, Sections 518-527, "Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right." (§ 518).
"Fear, such as will constitute extortion, may be induced by a threat, either:
1. To do an unlawful injury to the person or property of the individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace or crime; or,
4. To expose any secret affecting him or them." (§ 519).
Extortion Using Bribery
Bribery is another type of extortion. Bribery is the crime of giving money or something of value to influence the conduct of a person in a position of trust (such as a public official). Accepting a bribe also constitutes a crime.
Extortion Using Blackmail
Blackmail is extortion by threatening another person's reputation or organization with the disclosure of harmful or secret information that would be damaging to that person if released. The information to be released may be true or false. The disclosure of the information does not have to be criminal nor does the offender actually have to receive money or property for the act to be considered extortion.
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Extortion Definition and Related Terms
Other Types of Extortion
- Blackmail - Blackmail is extortion by threatening another person's reputation or organization with the disclosure of harmful or secret information that would be damaging to that person if released.
- Bribery - Bribery is the crime of giving money or something of value to influence the conduct of a person in a position of trust (such as a public official).
Commonly Confused Extortion Definitions
- Robbery - Robbery is the crime of unlawfully taking (stealing) another's money or property by the use of force, violence, or intimidation.
- Lobbying - Lobbying is the act of attempting to influence the mindset of public officials, politicians, or legislators to serve a particular cause. Read about the difference between lobbying and bribery.
- Corruption - Normally targeted to legislators, corruption is one or more actions (which may include solicitation) in an attempt to either introduce new legislation or sway the votes of legislators.
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