Definition of Extortion
Extortion is a criminal offense that involves obtaining something of value – typically money, or services – from a person or entitty through the use of coercion.
Unlike robbery, which involves immediate physical force or the threat of it, extortion often involves threats of future harm or non-physical consequences.
Core Elements of the Crime
The threat
The perpetator threatens to harm the victim. This does not have to be physical; it can include threats to:
- Damage a person’s reputation or “expose” a secret (commonly known as blackmail).
- Damage property or a business.
- Accuse someone of a crime.
- Use an official position to withold a service or legal right (often called “under color of official right”).
The Intend
The perpetrator must intend to wrongfully take property or influence the victim’s actions.
Fear of Coercion
The victim’s consent is not given freely; it is obtained through fear, even if that fear is of financial or social ruin rather than physical violence.
Extortion v.s Bribery
While they are often confused, the distinction lies in who initiates the exchange:
| Feature | Extortion | Bribery |
| Initiator | The person demanding the payment. | The person offering the payment. |
| Dynamic | The victim pays to avoid harm. | The payer pays to gain an advantage. |
| Consent | Coerced/Forced. | Mutual (though illegal). |
Legal Consequences
Extortion is generally classified as a felony in most jurisdictions. Penalties vary depending on the severity of the threat and the amount of value involved, but they often include:
- Significant prison sentences.
- Hefty fines.
- Restitution (paying back the victim).
Note: In many regions, the crime is considered “complete” as soon as the threat is made with the intent to extort, even if the perpetrator never acctually receives the money or property.
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