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| Criminal law |
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| Part of the common law series |
| Element (criminal law) |
| Actus reus · Mens rea Causation · Concurrence |
| Scope of criminal liability |
| Complicity · Corporate · Vicarious |
| Inchoate offenses |
| Attempt · Conspiracy · Solicitation |
| Offence against the person |
| Assault · Battery False imprisonment · Kidnapping Mayhem · Sexual assault |
| Crimes against property |
| Arson · Blackmail · Burglary Embezzlement · Extortion False pretenses · Larceny Receiving stolen property Robbery · Theft |
| Crimes against justice |
| Compounding · Misprision Obstruction · Perjury Malfeasance in office Perverting the course of justice |
| Defenses to liability |
| Defense of self Defence of property Consent · Diminished responsibility Duress · Entrapment Ignorantia juris non excusat Infancy · Insanity Intoxication defense Justification · Mistake (of law) Necessity · Provocation |
| Other common law areas |
| Contracts · Evidence · Property Torts · Wills, trusts and estates |
| Portals |
| Criminal justice · Law |
Extortion, outwresting, or exaction is a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force,[1] but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.[2]
In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail or in using any instrument of "interstate commerce." Extortion requires that the individual sent the message "willingly" and "knowingly" as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.
Extortion is distinguished from robbery. In "strong arm" robbery, the offender takes goods from the victim with use of immediate force. In "robbery" goods are taken or an attempt is made to take the goods against the will of another—with or without force. A bank robbery or extortion of a bank can be committed by a letter handed by the criminal to the teller. In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur. Under federal law extortion can be committed with or without the use of force and with or without the use of a weapon. A key difference is that extortion always involves a written or verbal threat whereas robbery can occur without any verbal or written threat (refer to U.S.C. 875 and U.S.C. 876).
The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labeled "legalized extortion" by people with various social or political beliefs.
Neither extortion nor blackmail require a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion. Such threats include the filing of reports (true or not) of criminal behavior to the police, revelation of damaging facts (such as pictures of the object of the extortion in a compromising position), etc.
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EXTORTION (Lat. extorsio, from extorquere, to twist out, to take away by force), in English law the term applied to the exaction by public officers of money or money's worth not due at all, or in excess of what is due, or before it is due. Such exaction, unless made in good faith (i.e. in honest mistake as to the sum properly payable), is a misdemeanour by the common law and is punishable by fine and (or) imprisonment. Besides the punishment above stated, an action for twice the value of the thing extorted lies against officers of the king (1275,3 Edw. I. c. 26). There are numerous provisions for the punishment of particular officers who make illegal exactions or take illegal fees: e.g. sheriffs and their officers (Sheriffs Act 1887), county court bailiffs (County Courts Act 1888), clerks of courts of justice, and gaolers who exact fees from prisoners. A gaoler is also punishable for detaining the corpse of a prisoner as security for debt. The term "public officer" is not limited to offices under the crown; and there are old precedents of criminal proceedings for extortion against churchwardens, and against millers and ferrymen who demand tolls in excess of what is customary under their franchise.
The term extortion is also applied to the exaction of money or money's worth by menaces of personal violence or by threats to accuse of crime or to publish defamatory matter about another person. These offences fall partly under the head of robbery and partly under blackmail, or what in French is termed chantage. See Russell on Crimes (6th ed., vol. i. p. 423; vol. iii. p. 348).
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Categories: ESZ-EZZ | Criminal law
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