Extortion is a crime where someone unlawfully obtains money, property, or services from another person through coercion. In simpler terms, it’s like bullying someone into giving you something of value by threatening them. This threat could be about causing harm, revealing secrets, or using one’s power unjustly. Think of it as a “give me what I want, or else” situation.
The Harm of Extortion
The legislature sees extortion as a significant threat to personal freedom and societal order. This crime essentially hijacks a person’s will, forcing them to give up something valuable under duress. The harm is twofold: there’s the immediate loss the victim suffers—money, property, or coerced actions—and there’s also a broader societal harm. Extortion undermines trust in personal and professional relationships and can even erode faith in institutions if public officials are involved. It creates an environment where people live in fear of being coerced, disrupting the fabric of a fair and free society.
Classification of Extortion
Extortion is generally classified as a felony in most legal codes. This means it’s considered a very serious crime, often carrying severe penalties like lengthy prison sentences and large fines. The exact classification and penalties can vary depending on the jurisdiction and the specifics of the offense.
Extortion in the Broader Categories of Criminal Offenses
Extortion can overlap with several categories of criminal offenses. While it’s primarily seen as a crime against property—since it usually involves the unlawful acquisition of someone’s possessions—it also borders on being a crime against the person. This is because it often involves threats of violence or harm. In some cases, if the extortion involves sexual acts, it could also intersect with sexual crimes.
History of Extortion
The crime of extortion has roots that go deep into history. Ancient societies had laws against similar offenses, though they might not have used the term ‘extortion’. For example, the Code of Hammurabi, one of the oldest deciphered writings of significant length in the world from around 1754 BC, had laws against threats and false accusations, which are elements of extortion.
In Roman law, extortion was known as ‘concussio’ and was mainly understood as a crime committed by public officials who abused their power to obtain money or gifts.
The Common Law Perspective
The concept of extortion took a more refined shape in English common law. Sir William Blackstone, an influential 18th-century English jurist, described extortion in his seminal work, “Commentaries on the Laws of England.” He defined it as an abuse of public justice, where officers used their roles to unlawfully take money or goods from people. Blackstone’s description was narrower than our modern understanding, focusing primarily on official misconduct.
Over time, the definition expanded beyond public officials. By the 19th and 20th centuries, common law started recognizing that private individuals could also commit extortion.
Evolution into Modern Law
Today, extortion statutes are more expansive and detailed. The evolution of extortion laws reflects society’s growing understanding of power dynamics and the many forms of coercion.
Model Penal Code Definition of Extortion
The Model Penal Code (MPC) offers a comprehensive definition of extortion. According to Section 223.4 of the MPC, a person commits extortion when they purposely obtain property of another by threatening to:
- Inflict bodily injury on anyone or commit any other criminal offense;
- Accuse anyone of a criminal offense;
- Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair their credit or business repute;
- Take or withhold action as an official, or cause an official to take or withhold action;
- Bring about or continue a strike, boycott, or other collective action if the property is not demanded or received for the benefit of the group;
- Testify or withhold testimony regarding another’s legal claim or defense.
These provisions under the MPC encapsulate the various forms extortion can take, highlighting its multifaceted nature.
Mens Rea and Actus Reus in Extortion
The MPC specifies that the mental state for extortion is ‘purposely.’ This means that the perpetrator must have a conscious objective to achieve a specific result, namely, obtaining property through threats. The actus reus, or the physical act of the crime, involves the actual making of the threat with the intent to achieve the unlawful gain.
Defenses to Extortion
Possible Legal Defenses
While the MPC outlines the offense of extortion in detail, it also recognizes certain defenses. These defenses can include:
- Duress: If the person accused of extortion can prove that they were under duress or were compelled by someone else to commit the act, it may serve as a defense.
- Lack of Intent: Demonstrating a lack of intent to coerce or obtain property unlawfully can be a defense. If the threat was not made with the purpose of obtaining property, it might not constitute extortion.
- Mistake of Fact: In some cases, a genuine mistake of fact can be a defense if the accused mistakenly believed that they had a right to the property or services demanded.
These defenses, however, depend on the specifics of the case and the ability to substantiate the claims.
Summary List of Extortion Elements
To recap, the essential elements of extortion under the Model Penal Code include:
- Mens Rea (Intent): The purposeful intent to obtain property through coercion.
- Actus Reus (Act): The act of making a threat.
- Concurrence: The intent and the act must occur together.
- Causation: The threat must cause the victim to relinquish property.
- Harm: There must be a loss or potential loss to the victim.
Understanding these elements is crucial in comprehending the legal framework of extortion.
Conclusion
The Model Penal Code provides a detailed and nuanced definition of extortion, encapsulating the various facets of this complex crime. Understanding the elements, defenses, and legal intricacies of extortion is essential for legal practitioners, students, and anyone interested in criminal law.
Summary
Extortion, simply put, is like forcing someone to give you something valuable by bullying or threatening them. This could involve threats of physical harm, exposing secrets, or misusing power. It’s a way of saying, “Give me what I want, or else.”
The law sees extortion as a major threat to personal freedom and the orderly functioning of society. It’s harmful because it forces a person to give up something valuable against their will, causing both immediate loss and broader societal damage. It can break down trust and create an environment of fear, especially if public officials are involved.
Extortion is often classified as a felony, meaning it’s a serious crime with harsh penalties like long prison sentences and hefty fines. The specifics can vary depending on the location and details of the case.
This crime generally falls into the categories of crimes against property, since it usually involves taking possessions unlawfully, and crimes against persons, as it often includes threats of harm. Sometimes, if it involves forced sexual acts, it could overlap with sexual crimes.
Historically, extortion has been recognized for a long time. Ancient laws, like the Code of Hammurabi, had rules against similar offenses. In Roman law, it was known as ‘concussio’, mainly linked to abuse of power by officials. English jurist Sir William Blackstone later defined it as public officers unlawfully taking money or goods, a narrower view than today’s understanding.
The Model Penal Code (MPC) defines extortion as obtaining property through various forms of threats, like threatening bodily harm, exposing secrets, or using official power unfairly. The person committing it must purposely intend to get something through these threats. There are defenses like being under duress, lacking intent, or making a genuine mistake of fact, but they depend on the case specifics.
References
- Model Penal Code, § 223.4 (2022).
- Blackstone, W. (1765). Commentaries on the Laws of England.
- Hammurabi. (1754 BC). Code of Hammurabi.
Modification History File Created: 07/17/2018 Last Modified: 10/27/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
