Former Senior LA Prosecutor. Harvard Law School Educated. Under California Penal Code Section PC , extortion commonly referred to as "blackmail" is a criminal offense that involves the use of force or threats to compel another person into providing money or property, or using force or threats to compel a public official to perform or neglect an official act or duty. Often, the victims of extortion feel compelled to comply due to the extortionist's threats.
Extortion is a felony offense that can result in lengthy prison sentences. In order to prove a charge of extortion by threat or force, a prosecutor must be able to establish the following elements:. When dealing with extortion, consent can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear. The threat must be the controlling reason that the other person consented. Threatening to do something that a person has a legal right to do is not a threat to commit an unlawful injury.
When the extortionate demand is in writing, the defendant can be charged with extortion by threatening letter pursuant to California Penal Code Section PC. When the intent of the extortionist is to have the victim sign a document or check, the defendant can be charged with extortion of signature under California Penal Code Section PC.
A woman is having an affair with her boss. She threatens to report him to authorities for rape unless he doubles her salary. The boss complies with her demands. If she had made the demands in a written letter, she could be prosecuted for extortion by threatening letter under California Penal Code Section PC.
For this offense, the boss would not have had to comply with her demands, as the mere presentation of the extortion letter is enough to violate the law. Because the crime of extortion is committed through statements made to others and may leave little or no physical evidence, it is an offense that is highly susceptible to false accusations.
