Extortion
Encyclopedia
Extortion is a criminal offence
which occurs when a person unlawfully obtains either money, property or services from a person(s), 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, but additionally, in its formal definition, means the infliction of something such as pain and suffering
or making somebody endure something unpleasant.
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. (Comedian Artie Lange
was accused and charged with extortion after he handed a bank teller a note claiming he had a weapon and would use it if the bank did not give him $10,000 in unmarked bills; Lange later explains it was simply a joke to flirt with the bank teller and was released shortly after incarceration). 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 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.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
. Refraining from doing harm is sometimes euphemistically called protection
Protection racket
A protection racket is an extortion scheme whereby a criminal group or individual coerces a victim to pay money, supposedly for protection services against violence or property damage. Racketeers coerce reticent potential victims into buying "protection" by demonstrating what will happen if they...
. Extortion is commonly practiced by organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
groups. The actual obtainment of money or property is not required to commit the offense. Making a threat
Threat
Threat of force in public international law is a situation between states described by British lawyer Ian Brownlie as:The 1969 Vienna convention on the Law of Treaties notes in its preamble that both the threat and the use of force are prohibited...
of violence
Violence
Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...
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, but additionally, in its formal definition, means the infliction of something such as pain and suffering
Pain and suffering
Pain and suffering is the legal term for the physical and emotional stress caused from an injury .Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring...
or making somebody endure something unpleasant.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, extortion may also be committed as a federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
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
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. 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
Bank robbery
Bank robbery is the crime of stealing from a bank during opening hours. According to the Federal Bureau of Investigation's Uniform Crime Reporting Program, robbery is "the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of...
or extortion of a bank can be committed by a letter handed by the criminal to the teller. (Comedian Artie Lange
Artie Lange
Arthur Steven "Artie" Lange, Jr. is an American actor, comedian and radio personality best known for his tenures with the The Howard Stern Show and the comedy sketch series MADtv....
was accused and charged with extortion after he handed a bank teller a note claiming he had a weapon and would use it if the bank did not give him $10,000 in unmarked bills; Lange later explains it was simply a joke to flirt with the bank teller and was released shortly after incarceration). 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
Usury
Usury Originally, when the charging of interest was still banned by Christian churches, usury simply meant the charging of interest at any rate . In countries where the charging of interest became acceptable, the term came to be used for interest above the rate allowed by law...
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 taxation have all been labeled "legalized extortion" by people with various social or political beliefs.
Neither extortion nor blackmail
Blackmail
In common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
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.
See also
- Badger gameBadger gameThe badger game is an extortion scheme, often perpetrated on married men, in which the victim or "mark" is tricked into a compromising position to make him vulnerable to blackmail....
: The victim or "mark"—often a married man—is tricked into a compromising position to make him vulnerable to blackmailBlackmailIn common usage, blackmail is a crime involving threats to reveal substantially true or false information about a person to the public, a family member, or associates unless a demand is met. It may be defined as coercion involving threats of physical harm, threat of criminal prosecution, or threats...
. - Clip jointClip jointA clip joint or fleshpot is an establishment, usually a strip club or entertainment bar, typically one claiming to offer adult entertainment or bottle service, in which customers are tricked into paying money and receive poor goods or services, or none, in return...
: A clip joint or fleshpot is an establishment, usually a strip club or entertainment bar, typically one claiming to offer adult entertainment or bottle service, in which customers are tricked into paying money and receive poor goods or services, or none, in return. - CoercionCoercionCoercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
: the practice of compelling a person or manipulating them to behave in an involuntary way (whether through action or inaction) by use of threats, intimidation, trickery, or some other form of pressure or force. These are used as leverage, to force the victim to act in the desired way. - Confidence trickConfidence trickA confidence trick is an attempt to defraud a person or group by gaining their confidence. A confidence artist is an individual working alone or in concert with others who exploits characteristics of the human psyche such as dishonesty and honesty, vanity, compassion, credulity, irresponsibility,...
: (also known as a bunko, con, flim flam, gaffle, grift, hustle, scam, scheme, swindle or bamboozle) is an attempt to defraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
a person or group by gaining their confidenceConfidenceConfidence is generally described as a state of being certain either that a hypothesis or prediction is correct or that a chosen course of action is the best or most effective. Self-confidence is having confidence in oneself. Arrogance or hubris in this comparison, is having unmerited...
. - CryptovirologyCryptovirologyCryptovirology is a field that studies how to use cryptography to design powerful malicious software. The field was born with the observation that public-key cryptography can be used to break the symmetry between what an antivirus analyst sees regarding a virus and what the virus writer sees...
: a software scam in which a public key cryptography system crafts fake keys which encrypt the user's data, but cannot decrypt them unless the user pays for the real key. - DanegeldDanegeldThe Danegeld was a tax raised to pay tribute to the Viking raiders to save a land from being ravaged. It was called the geld or gafol in eleventh-century sources; the term Danegeld did not appear until the early twelfth century...
: The Danegeld ("Danish tax") was a tax raised to pay tribute to the Viking raiders to save a land from being ravaged. It was called the geld or gafol in eleventh-century sources; the term Danegeld did not appear until the early twelfth century. - DognappingDognappingDognapping is the crime of taking a dog from its owner with the intention of demanding a ransom. Historically in the United States, dogs had been stolen and sold on for medical research, but the introduction of the Animal Welfare Act of 1966 reduced these occurrences...
: The crime of taking a canineDogThe domestic dog is a domesticated form of the gray wolf, a member of the Canidae family of the order Carnivora. The term is used for both feral and pet varieties. The dog may have been the first animal to be domesticated, and has been the most widely kept working, hunting, and companion animal in...
from its owner, which usually occurs in purebred dogs, the profit from which can run up to thousands of dollars. - Loan sharking: A loan shark is a person or body that offers unsecured loans at high interest rates to individuals, often backed by blackmail or threats of violence.
- Nuclear blackmailNuclear blackmailNuclear blackmail is a form of nuclear strategy in which an aggressor uses the threat of use of nuclear weapons to force an adversary to perform some action or make some concessions. It is a type of extortion, related to brinkmanship.-Effectiveness:...
: Nuclear blackmail is a form of nuclear strategy in which an aggressor uses the threat of use of nuclear weapons to force an adversary to perform some action or make some concessions. It is a type of extortion, related to brinkmanship. - PrizePrize (law)Prize is a term used in admiralty law to refer to equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of prize in this sense is the capture of an enemy ship and its cargo as a prize of war. In the past, it was common that the capturing force would be allotted...
: ransom offered instead of destroying a captured vessel, a form of extortion deemed acceptable under international law in the days of fighting sail. - Price gougingPrice gougingPrice gouging is a pejorative term referring to a situation in which a seller prices goods or commodities much higher than is considered reasonable or fair. In precise, legal usage, it is the name of a crime that applies in some of the United States during civil emergencies...
: a pejorative term for a seller pricing much higher than is considered reasonable or fair. In precise, legal usage, it is the name of a felony that applies in some of the United States only during civil emergencies. - TallageTallageTallage or talliage may have signified at first any tax, but became in England and France a land use or land tenure tax. Later in England it was further limited to assessments by the crown upon cities, boroughs, and royal domains...
: Tallage or talliage (from the French tailler, a part cut out of the whole) may have signified at first any tax, but became in England and France a land use or land tenure tax. Later in England it was further limited to assessments by the crown upon cities, boroughs, and royal domains. In effect, tallage was a land tax. - TerrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
: most simply, policy intended to intimidate or cause terror. It is more commonly understood as an act which is intended to create fear (terror), is perpetrated for an ideological goal (as opposed to a materialistic goal or a lone attack), and deliberately targets (or disregards the safety of) non-combatants. Some definitions also include acts of unlawful violence or unconventional warfare, but at present, the international communityInternational communityThe international community is a term used in international relations to refer to all peoples, cultures and governments of the world or to a group of them. The term is used to imply the existence of common duties and obligations between them...
has been unable to formulate a universally agreed, legally binding, criminal law definition of terrorism. - Tiger kidnappingTiger kidnappingA tiger kidnapping or tiger robbery is a crime in which an abduction forms part of a robbery, murder, or any other crime. A person of importance to the victim is held hostage as collateral until the victim has met the criminal's demands.-Etymology:...
: the taking of an innocent hostageHostageA hostage is a person or entity which is held by a captor. The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war...
to make a loved one or associate of the victim do something, e.g. a child is taken hostage to force the shopkeeper to open the safe; the term originates from the prior observation of the victim, like a tiger does with its prey. RansomRansomRansom is the practice of holding a prisoner or item to extort money or property to secure their release, or it can refer to the sum of money involved.In an early German law, a similar concept was called bad influence...
s are often used alongside these. - Wheel clampWheel clampA wheel clamp, also known as wheel boot or Denver boot, is a device that is designed to prevent vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel.In the United States, these devices...
ing: widely used in England by private individuals and companies to extort money from motorists. This practice is illegal in Scotland.
External links
- Legaltree, a Canadian legal portal, contains an article describing the elements of the offence of extortion under Canadian criminal law.