Extortion

Under Section 518 of the California Penal Code, “extortion” is defined as obtaining property from another, with his (or her) consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. The crime of extortion is often called “blackmail.” Enhanced penalties may apply if the crime is committed against an elderly or disabled person.

California law provides for several different ways of proving the crime of extortion, including extortion by threat or force, extortion by threatening letter, and extortion by signature. A good faith belief in the right to property does not negate the specific intent required for extortion.

Additionally, under California law, a debt cannot be collected by extortion. Related offenses include the crime of kidnapping for ransom, reward, or extortion.

Extortion is usually charged as a felony offense in California. The penalties for extortion often involve a fine of up to $10,000 and up to four years of incarceration. Depending on the value of property taken, extortion can also be charged as a misdemeanor.

The statute of limitations for extortion depends on whether the crime is charged as a felony or a misdemeanor. In California, the statute of limitations for extortion is five years if it is charged as a felony or two years if it is charged as a misdemeanor.

Attorney for Extortion in San Francisco, CA

If you were accused of being involved in a scam or scheme involving extortion under California Penal Code §§ 518 or 519 in San Francisco, CA, then contact an experienced criminal defense attorney at Ticket Crushers. We represent clients charged with extortion by signature, threatening letter, threat, or force.

Contact us to discuss your case and larn about possible defenses that might apply from our attorneys, who are experienced in fighting theft charges and extortion charges. Call us at  1 (866) 842-5384 today.


Elements of Extortion by Threat or Force under Section 518 of the California Penal Code

The elements of Extortion by Threat or Force under Penal Code § 518 that must be proved beyond all reasonable doubt at trial include a showing that:

  • The defendant either threatened to unlawfully injure or used force against another person or the property of another person
  • The defendant threatened to accuse another person, or that person’s relative or family member, of a crime
  • The defendant threatened to expose a secret about another person, or that person’s relative or family member, or to expose or connect him or her or any of them with a disgrace or crime or deformity, or
    • When making the threat or using force, the defendant intended to use that fear or force to obtain the other person’s consent to give the defendant money or property or to do an official act, and
      • 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 official act
      • As a result of the threat or use of force, the other person then gave the defendant money or property or did an official act.

Extortion by Threatening Letter

Under Penal Code § 523, the crime of sending a threatening letter with the intent to extort in violation of Penal Code Section 523 requires proof beyond all reasonable doubt that::

  • The defendant sent or delivered a threatening letter or other writing to another person, and
    • In the letter or writing, the defendant threatened to unlawfully injure the other person or someone else or the property of the other person or someone else, or
    • In the letter or writing, the defendant threatened to accuse the other person, or that person’s relative or family member, of a crime
    • In the letter or writing, the defendant threatened to expose a secret about the other person or that person’s relative or family member or to expose or connect them with a disgrace, crime, or deformity, and
    • When sending or delivering the letter or writing, the defendant intended to use fear to obtain money or property or the performance of an official act with the other person’s consent

Extortion of Signature

Under Penal Code § 522, the crime of obtaining a signature by extortion in violation of Penal Code Section 522 requires proof that:

  • The defendant threatened to unlawfully injure or used force against another person or someone else or the property of another person or someone else
  •  The defendant threatened to accuse another person or that person’s relative or family member of a crime
  • The defendant threatened to expose a secret about another person or that person’s relative or family member or to expose or connect them with a disgrace, crime or deformity
  •  When making the threat or using force, the the defendant intended to use that fear or force to obtain the other person’s signature on a document, check or another specified paper or instrument that, if voluntarily signed, would transfer property or create a debt, demand, charge or right of legal action, and
  • As a result of the threat or use of force, the other person signed the document, check, or other specified other paper or instrument

Definition of Secret for California’s Extortion Statute

For purposes of California’s extortion statute, a “secret” is a fact that:

  • Is unknown to the general public or to someone who might be interested in knowing the fact, and
  • Harms the threatened person’s reputation or other interest so greatly that he or she would be likely to give the defendant money or property or do an official act to prevent the fact from being revealed

The term “consent” has a special meaning for purposes of the extortion statute in California. Under this definition, the “consent” for extortion can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear. The threat or use of force must be the controlling reason that the other person consented. If the person consented because of some other controlling reason, the defendant is not guilty of extortion.

Threatening to do something that a person has a legal right to do is not a threat to commit an unlawful injury. The threat may involve harm to be inflicted by the defendant or by someone else. An “official act” is an act that a person does in his or her official capacity, using the authority of his or her public office.


Finding an Attorney for Extortion Crimes in California

If you were charged with extortion under California law, then contact an experienced criminal defense attorney at Ticket Crushers. We represent clients for a wide range of theft crimes under California’s extortion statute, including extortion by threat or force, extortion by threatening letter, and extortion by signature.

Call us to find out why a good faith belief in the right to property does not negate the specific intent required for extortion.

Our offices are conveniently located on Geary Boulevard near Park Presidio in San Francisco, CA. We serve clients throughout the City of San Francisco and the surrounding areas, including Alameda County, Santa Clara County, San Mateo County, and Contra Costa County, CA.