Extortion,
outwresting, and/or
exaction is a
criminal offense which occurs when a person
unlawfully obtains either money, property or services from a person(s), entity, or institution, through
coercion. Refraining from doing harm is sometimes euphemistically called
protection. Extortion is commonly practiced by
organized crimegroups. The actual obtainment of money or property is not required to commit the offense. Making a
threat of
violence which
refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force,
[1] but additionally, in its formal definition, means the infliction of something such as
pain and suffering or making somebody endure something unpleasant.
[2]
In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail or in using any instrument of "interstate commerce." Extortion requires that the individual sent the message "willingly" and "knowingly" as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.
Extortion is distinguished from robbery. In "strong arm" robbery, the offender takes goods from the victim with use of immediate force. In "robbery" goods are taken or an attempt is made to take the goods against the will of another—with or without force. A bank robbery or extortion of a bank can be committed by a letter handed by the criminal to the teller. (Comedian Artie Lange was accused and charged with extortion in which he handed the bank teller a note claiming he had a weapon and would use it if the bank did not give him $10,000 in unmarked bills, Artie Lange later explains it was simply a joke to flirt with the bank teller and was released shortly after incarceration) In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur. Under federal law extortion can be committed with or without the use of force and with or without the use of a weapon. A key difference is that extortion always involves a written or verbal threat whereas robbery can occur without any verbal or written threat (refer to U.S.C. 875 and U.S.C. 876).
The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labeled "legalized extortion" by people with various social or political beliefs.
Neither extortion nor blackmail require a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion. Such threats include the filing of reports (true or not) of criminal behavior to the police, revelation of damaging facts (such as pictures of the object of the extortion in a compromising position), etc.