#Extortion legal definition professional

With these facts in mind, let's review some examples of extortion to give you a clearer idea of how this crime can be committed:

A threat to cause harm as retribution for participation in any legislative hearing or proceeding, administrative proceeding, or in any other legal action.

A threat to expose any secret affecting the victim or their family member(s) or other person held dear to them.

A threat to expose or impute any deformity or disgrace to the victim or their family member(s) or other person held dear to them.

A threat to accuse the victim or their family member(s) or other person held dear to them of any crime.

A threat to do any unlawful injury to the person or property of the victim or any member of their family or other person held dear to them.

The following threats constitute an extortion charge: If convicted, you could suffer imprisonment for one to 15 years in addition to fines, victim restitution, and more. If law enforcement is accusing you of committing either of these crimes, then you need to speak to a qualified legal representative. Get a hold of Rand Mintzer at 71.Extortion is the communication of threats to another with the intention to obtain anything of value or any acquittance, advantage, or immunity of any description. Punishment usually includes a prison sentence or probation, fines and restitution.Įxtortion & blackmail are serious crimes. The key element of a blackmail charge is the threat to reveal the information unless something of value is paid to the offender.īoth extortion and blackmail are similar in that prosecutors and judges treat them as serious violations of the criminal laws. The fact that the information an offender threatens to reveal is true or accurate is not a defense to a blackmail charge.

#Extortion legal definition professional

Instead, blackmail is when an offender threatens to disclose embarrassing information or information that is potentially damaging to a person’s standing in the community, family or social relationships, or professional career unless the victim surrenders money, property or services. Unlike extortion, blackmail does not include threats of violence to a person or property. For example, a building inspector who refuses to approve a new building for occupancy without receiving a cash payment from the builder could be guilty of extortion.īlackmail is similar to extortion in that it is usually classified as a larceny or theft crime and involves the making of a threat as the prohibited conduct. Extortion usually involved a public official refusing to perform an official act without the payment of money. Prior to the enactment of criminal statutes, extortion existed under the common law as a crime that only public officials could commit. Most states categorize extortion as a misdemeanor or a felony based upon the value of the property or the amount of money taken from the victim.

Some criminal laws include threats to withhold testimony in a legal proceeding as a form of coercion. Coercion is usually in the form of a threat of violence, a threat to destroy property or a threat that of improper government action if the victim does not comply. Both are theft crimes involving threats, but there are differences in the conduct prohibited by the Texas Penal Code for each crime.Įxtortion is a theft crime involving the use of coercion to obtain money, property or services from a victim. The similarities between extortion and blackmail frequently lead to people confusing the two.