![]() ![]() Then, as now, extortion has usually embraced takings by various methods: coercion, false pretenses, or bribery. One sees much the same kind of public corruption case in the late 1200s as in modern cases. According to William Hawkins, extortion at common law was "the taking of money by any officer, by colour of his office, either where none at all is due, or not so much is due, or where it is not yet due" (vol. 26 (repealed), which prohibited extortion by a sheriff or other royal official. In England, among the earliest extant statutes setting out the crime of extortion was the First Statute of Westminster (1275), 3 Edw. Extortion by a public officialĮxtortion is an older term than blackmail. Of a corrupt payment by a public official (or a pretended public official) because of his office or his ability to influence official action. Historically, extortion under color of office is the seeking or receipt The distinction traditionally drawn between robbery by intimidation and some forms of extortion is that a person commits robbery when he threatens to do immediate bodily harm, whereas he commits extortion when he plans to do bodily harm in the future. Statutes usually set out the kinds of threats that make up coercive extortion -for example, the threat to commit a crime, injure person or property, or expose a crime or contemptible information. Extortion offenses include not only threats obtaining property, but also those compelling any action against one's will (also called criminal coercion). ![]() Extortion by threats or fear (coercive extortion) can refer to any illegal use of a threat or fear to obtain property or advantages from another, short of violence, which would constitute robbery. Few "blackmail" statutes remain on the books, with most statutes prohibiting such behavior as extortion, theft, or criminal coercion.Įxtortion is of two types: (1) extortion by threats or fear and (2) extortion under color of office. Blackmail generally refers to hush money, and extortion refers to certain forms of public official misconduct and to those making threats of physical harm to person or property. ![]() The terms blackmail and extortion are often used interchangeably yet in ordinary speech, they connote somewhat different behavior. Theft by extortion is a class 4 felony, except that theft by extortion under subsection A, paragraph 1 of this section is a class 2 felony.Extortion refers to obtaining property or compelling action by the use of threats or by the misuse of public office. It is a defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section if a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.Ĭ. For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.ī. (b) The fair market value of the claimant's property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure. (a) The claimant's property interest is the result of a tax lien purchase or foreclosure pursuant to title 42, chapter 18. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur: Cause anyone to part with any property.ĩ. Take or withhold action as a public servant or cause a public servant to take or withhold action.Ĩ. Expose a secret or an asserted fact in a social media message as defined in section 16-901 or in any other manner, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business unless the threat is based on a plausible claim of right to the property or services obtained or sought to be obtained.ħ. Accuse anyone of a crime or bring criminal charges against anyone.Ħ. Engage in other conduct constituting an offense.ĥ. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.Ĥ. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to anyone.Ģ. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:ġ. 13-1804 - Theft by extortion classificationġ3-1804.
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