Extortion Laws in California - Penal Code 518 PC
Penal Code 518 PC defines extortion as using force or threats to compel (a) another person to hand over money or property or a public officer to perform an official act. Extortion is a felony that can result in a sentence of up to four years in jail or prison.
PC 518 says, "(a) Extortion is the obtaining of property or other consideration from another, with their consent, or the obtaining of an official act of a public officer, induced by wrongful use of force or fear, or under color of official right.
(b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3 or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647.
(c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part."
Extortion, commonly called blackmail, is often confused with robbery or corruption. Extortion is a different crime with different penalties, and it is essential to obtain an experienced California criminal defense attorney to help you if you are facing charges of extortion.
Simply put, PC 518 defines extortion as obtaining property from another, with consent, or obtaining an official act of a public officer induced by wrongful use of force or fear or under the color of official right by use of fear or threat.
The punishment for extortion depends on whether force was used to extort money or other property. Where force or threat was used, the punishment is 2 to 4 years in state prison.
Extortion is a serious crime, often resulting in prison time if convicted. These schemes typically involve attempting to gain money, property, or an advantage through force or fear. The gravity of the situation cannot be overstated.
The best way to evaluate an extortion case is to look at the jury instructions because that's exactly what the prosecutors need to prove the case against you. CALCRIM 1830 defines extortion as threat or force. The Judicial Counsel sets the jury instruction, the latest one in 2017.
Jury Instructions for Extortion
That's all of the judges getting together or some judges getting together and deciding when the jury goes back to deliberate in an extortion case in one of the courtrooms in Los Angeles County; what are we going to give them to look at as far as the law goes? And that's the CALCRIM jury instruction, which says:
That defendant is charged (whatever Count it is) with extortion, violating Penal Code Section 518. That's the Penal Code they use to prosecute somebody for extortion. To prove that the defendant is guilty of extortion, the people must demonstrate that they are the people of the State of California—the prosecutors who prosecute crimes in Los Angeles.
- The defendant threatened to unlawfully injure or use force against another person or third party or the property of another person or third party.
That defines several different ways in which extortion can come up. It's not just one way. It's not just the way that you might think. There are other ways that it can come up, and then they give an alternative to number one, which is:
- The defendant threatened to accuse another person or that person's relative or family member of a crime.
And it goes on to talk about the person's relative. So, this jury instruction is a little bit murky. Number two says:
- When making a threat or using force, the defendant intended to use that fear or force to obtain the other person's consent to give the defendant the money or property or to do an official act.
Government officials are often bribed or extorted to do something because somebody has some information. A lot of times, I see this come up where somebody has some dirt on somebody, and they say, "Listen, I know that you cheated on your wife."
I've got proof. I've got a video. I will send the information to your wife if you don't pay me X dollars. That would amount to extortion. The third element is:
- As a result of the threat or use of force, the other person consented to give the defendant money or property or to do an unlawful act.
And then finally, number four talks about:
- Due to the threat or use of force, the other person gave the defendant money or property or did an official act.
Consent for Extortion can be Coerced or Unwilling
The term consent has a special meaning. Consent for extortion can be coerced or unwilling if given due to the wrongful use of force or fear.
Also, the jury's instruction about the threat or use of force must be the controlling reason that the other person consented. If the person consented for other controlling reasons, the defendant is not guilty of extortion.
It's important to note that the jury instruction and the law provide potential defenses to extortion. If the other party was going to do what you coerced them into anyway, or if they had other controlling reasons for their consent, you have a strong argument in your defense.
Even though I might have said something or done something to try to coerce them or get their consent, they did it anyway and were going to do it anyway. So, that's a potential defense to an extortion crime.
Another area where I see extortion coming up in Los Angeles is when two parties have a civil dispute.
One party wants to try to get an advantage because, let's say, they don't want to pay money, or they don't want to do something, or they want to get an advantage in the civil suit, so they go to the police and claim that the other party extorted them in some way.
It's crucial to understand that you cannot misuse law enforcement, the legal process, or the criminal system to gain an advantage in a civil dispute. If the other party can prove that you attempted to use force or fear to gain an advantage, you could be facing serious charges.
If they can prove that, you're in a position where you will be charged. A lot is going on in 2019—there's a case where a celebrity is threatening a big company for millions of dollars. You cannot do this.
If they can prove that you're threatening in any way — even economic threats — and you're trying to gain an advantage, this will put you in an actual wrong position, and you will be looking at facing prison time.
You can be charged federally. You could be charged at the state level. You can be ordered to stay away from the person and not talk to the person. A protective order can be established, and you could lose many rights. You don't want a felony on your record.
So, the best thing to do when there are extortion cases is keep your mouth shut; don't talk to anybody on the phone about it. Get to a seasoned criminal defense attorney fast. Let that attorney advise you and guide you through the system after they hear everything you have to say about it.
I bring you in here, and we discuss it. Then, we create a game plan, which you follow to avoid further problems. If you face extortion charges, please get in touch with the Hedding Law Firm for a free case consultation.
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