Extortion is often compared to blackmail and robbery as similar crimes. However, there are some key differences that we will explore in this article.
What Is Extortion?
Extortion is obtaining property, money, or other benefits using threats or force. The victim must fear that the extortionist will carry out their threat if they do not comply. Extortion is a felony and therefore carries large prison sentences.
Extortion Example 1:
An employee is sleeping with their married boss and threatens to contact the police and accuse them of rape unless they give them a promotion or raise. If the boss complies with the employee’s demands, then the employee can be prosecuted for extortion. Or if the employee sent their demand by letter, then the employee can automatically be charged with extortion by letter.
Extortion Example 2:
Extortion does not need to carry the threat of criminal charges or physical harm. It could carry psychological fear, such as revealing sensitive information to one’s family or friends. For example, if someone threatens to reveal nude photos, sexually explicit text messages, or an OnlyFans account to family members if the victim does not send money, this is extortion. As in example 1, it would still be extortion if the employee threatened to reveal proof of the affair to the boss’s spouse or family.
What Is the Difference Between Extortion and Robbery or Blackmail
Robbery is very different from extortion because the robber will use force to obtain property or money or threaten that they will use immediate force. For example, a robber may carry a gun and either fire a warning shot or threaten to shoot the victim if they do not hand over their property or money. Extortion is the threat of physical harm at a later date or physically harming someone at a later date for not complying.
Blackmail does not use physical force or the threat of physical force. Instead, the blackmailer will threaten to reveal sensitive information that would affect the victim’s reputation, family life or be harmful in any way. It is very similar in nature to extortion, and the terms are often used interchangeably. Blackmail is a type of extortion.
Elements of an Extortion Charge
The prosecutor must prove the following elements exist in order to successfully convict someone for extortion:
- The defendant threatened the victim with some kind of harm. This could be a threat to expose sensitive information, accuse them of a crime, report them to immigration, reveal secrets, or physically harm them. In some states, making a threat is enough to warrant an extortion charge.
- The defendant had the intention of receiving something of value when they made the threat. This could be property, money, or a beneficial action from someone. The prosecutor will prove this element of extortion by providing proof that the defendant made some kind of demand.
- That the defendant intended to cause, the victim to fear the threat so that they would comply with the defendant’s demands. The prosecutor does not need to prove that the victim took the threat seriously in order to get an extortion conviction.
- That the defendant wanted something of value in return. The law provides a broad definition of this and things like cash, belongings, non-compete clauses, sexual favors, and debts are all items of value in extortion law.
Extortion Defenses
If you have been charged with extortion, speak to a criminal defense attorney to discuss your case. They will help you to prepare the best legal defense for your extortion case.
Most extortion will leave very little evidence, so often, the criminal defense attorney will seek to disprove that it occurred. They can do this by showing that there is no evidence that the defendant made threats and picking apart any motive for the defendant to make such threats. The case will often focus then on the alleged victims motive for making a false accusation.