What is Extortion?
Extortion is the act of using compulsion to gain benefits (such as cash or goods). It probably qualifies as a criminal offense in the majority of jurisdictions. Extortion is the crime of gaining money, property, or anything else of value by using a threat, typically one of force or damage, against the victim, their belongings or reputation, or their loved ones. Blackmail is a type of extortion when the victim is threatened with disclosing private or humiliating information to friends, family, or the general public. Threats to injure a person or his property, to charge him with a crime, or to divulge humiliating facts are examples of extortion.
Key Takeaways
- The improper use of coercion or even physical violence to obtain money or property is known as extortion.
- Usually, extortion entails threatening the target, their belongings, acquaintances, or relatives.
- Extortion that interferes with interstate or international trade is forbidden by the Hobbs Act of 1946.
- Ransomware is a developing kind of extortion that includes blackmail.
Legal Framework for Addressing Extortion
The Hobbs Act of 1946 forbade real or attempted robbery or extortion that would have an impact on interstate or international business in the United States.
The Hobbs Act’s extortion legislation is commonly invoked in situations involving business conflicts and public corruption. To establish that there has been extortion in violation of the Hobbs Act, the following questions must be answered in the affirmative:
- Did the accused person try to persuade the victim to give up any property or rights to property?
- Did the defendant utilize, or make an effort to use, the victim’s legitimate fear of suffering bodily harm or financial loss to get the victim to agree to give up property?
- Did the defendant’s actions hinder or have any effect on interstate or international trade, either actually or potentially?
- Was the defendant justified in using violence or force, whether it was used or threatened?
1. Blackmail: Blackmail is a traditional kind of extortion in which a person demands money, property, or some other advantage in exchange for not disclosing, humiliating or damaging information about the victim.
2. Cyber-extortion: Using technology and the internet, this is a developing type of extortion. Cybercriminals may make threats against the following:
- Leak stolen data, including personal and financial information.
- Use ransomware to lock down a victim’s computer system and demand payment for the decryption key.
- Interfere with an internet company’s activities.
3. Extortion in Debt Collection: Threats and other forms of coercion may be used by certain debt collectors to coerce clients into paying back debts, which is against the law.
4. Sextortion: This is when the victim is threatened with having their sexually explicit images or films made public if they don’t comply with the extortionist’s demands.
5. Intimidation Extortion: Threats of violence or injury to the victim or their loved ones, if they refuse to comply with the extortionist’s demands are examples of intimidation extortion.
6. Business Extortion: Business extortion is when someone threatens to injure personnel, destroy property, or interfere with business operations. Demands for cash in return for “protection” against these threats are common among extortionists.
7. Domestic Extortion: This takes place in a household marriage or partnership. If requests are not satisfied, a spouse may threaten to remove love, money, or childcare duties.
Example: A hack in May 2017 spread WannaCry ransomware, infecting tens of thousands of machines across around 100 countries. The attack caused major disruptions to hospitals, schools, and car manufacturing plants; the countries most impacted were Taiwan, the United Kingdom, Russia, and Ukraine.
Prosecutions and Penalties for Extortion
Prosecution for Extortion
1. Evidence Collection: As part of their investigation, law enforcement will compile any digital communications, witness testimony, and recordings of threats.
2. Charges Filed: Based on the particular facts of the case, the prosecutor will decide whether charges are most suitable. These fees may consist of:
- Extortion (the whole accusation).
- Threatening to do physical damage.
- Cyberstalking (should there have been online threats).
- Fear and intimidation.
- Blackmail (in the event that divulging personal information was required).
3. Trial: When the matter gets to trial, the prosecution must provide proof beyond a reasonable doubt that the defendant was engaged in extortion. It is the defendant’s right to self-defense.
Penalties for Extortion
The severity of the offense, the value of the object sought, and the jurisdiction all affect the extortion penalty. This is an overview in general:
1. Misdemeanor: In less severe circumstances, extortion may be prosecuted as a misdemeanor and punished as follows:
- One year in prison
- Penalties
- Probation
2. Felony: Serious incidents involving threats of violence, physical harm, or large amounts of money may be prosecuted as felonies, leading to the following outcomes:
- Lengthy prison sentences, ranging from several years to life, depending on jurisdiction
- Higher penalties, including substantial fines and restitution to the victim
3. Prison Sentence: Several years to life (depending on jurisdiction)
- Higher penalties
- reimbursement to the injured party
4. Civil Lawsuits: Extortion victims may pursue damages in civil lawsuits against the offender in addition to filing criminal charges.
5. State vs. Federal Laws: Jurisdictional differences exist in extortion legislation. Threats against members of specific protected classes or those that cross state boundaries to threaten someone are covered under federal statutes.
Challenges and Controversies Surrounding Extortion Laws
Challenges in Implementing Extortion Laws
1. Identifying Threats: It might be difficult to distinguish between a genuine threat and merely expressing rage or irritation. Because of this, it could be challenging for law enforcement to establish whether a crime has been committed.
2. Collecting Evidence: Implicit threats or intimidation techniques are frequently used in extortion. It might be difficult to gather convincing evidence of a crime, particularly when there have been no overt threats of violence.
3. Fear of Reporting: Extortion victims may be reluctant to come forward out of embarrassment, fear of reprisals, or concern that they won’t be taken seriously. It is challenging to properly implement extortion laws due to this low reporting rate.
Controversies in Extortion Laws
1. Debtor-Creditor Issues: It might be difficult to distinguish between lawful debt collection and coercive methods. While some contend that aggressive collection tactics ought to be regarded as extortion, others maintain that creditors are entitled to seek repayment.
2. Domestic Abuse: Because of the complicated relationships involved and the possible victim’s unwillingness to seek charges, domestic abuse cases can be challenging to prosecute.
3. Freedom of Speech: It might be debatable at times where to draw the boundary between protected speech and a threat. This can make it difficult to prosecute some extortion cases, especially those that include internet communication.
4. International Extortion: Because extortionists may operate internationally, investigations and prosecutions can be difficult because of jurisdictional concerns and difficulties fostering international collaboration.
Conclusion
A dangerous crime that feeds on vulnerability and fear is extortion. It may take numerous forms, ranging from traditional blackmail to increasingly dangerous cyberextortion. Threatening someone to take money, property, or anything else of worth is known as extortion. Variations on this basic kind of extortion include blackmail, cyberextortion, debt collection extortion, sextortion, intimidation extortion, business extortion, and domestic extortion. It is crucial to remember that you should call the police and a legal professional if you feel that you are being threatened with extortion.
Extortion- FAQs
Where can I go for support if I’m being extorted?
- Law enforcement (Department of Police)
- Organizations that assist victims
- Resources for legal aid
When does federal crime status apply to extortion?
The statute does not restrict extortion charges to state-level prosecution and sentence. You could have broken federal extortion statutes if you were accused of engaging in interstate extortion, such as by threatening to reveal negative information about a federal court or agency.
How can you charge someone with extortion?
Reporting your case to local law enforcement, usually your local police department, is the best way to press accusations of extortion against someone. When you file your police complaint, it will be helpful to have any documentation of the extortion, including text messages, videos, and papers.
What should I do if I’m being extorted?
- Stay away from the extortionist.
- Refuse to fall under their pressure or pay them money.
- Notify the authorities of the crime right away.
- Save documentation of the risks. Keep track of all correspondence related to the extortion attempt, including voicemails, texts, and emails.
How is blackmail different from extortion?
Many people mistakenly believe that extortion and blackmail are synonymous, even though blackmail is only another type of it. But blackmail differs from other forms of extortion in one very important way. To begin with, threats of violence against people or property are not used in blackmail. Rather, it poses a risk of disclosing personal or professional harm.
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