The extortion traditionally covered only public and government officials’ actions, though today, the crime applies to private citizens’ activities.
In some states, extortion applies to public officials’ acts, while blackmail applies to private citizens’ actions, even though the same type of activities involves.
And extortion occurs when someone attempts to obtain money and property by threatening to commit violence. And accuse the victim of a crime, and reveal private and damaging information about the victim.
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Table of Contents
Laws
1. Threats
- Extortion base upon some threat. Also, the person who makes the threat must intend it commits the injury and harmful action against the victim.
- For example, under the law, the person commits extortion by threatening to injure the victim and another person.
- It accuses the victim of a crime or some other disgraceful conduct, exposes the secret, and report the person to immigration.
- A person makes the threat verbally, in writing, and even through non-verbal gestures and other communications. In some states, merely making the threat is enough to qualify as a crime.
2. Intent
- A person commits extortion when making the threat with the specific intention of forcing someone else they provide money, property, and something of value.
- However, the intent not bases on the defendant’s statements alone but rather upon the circumstances and facts surrounding the threat.
- In other words, the prosecutor proves the accused intended to deprive the victim of property without taking to show what remains going on in the defendant’s head.
3. Fear
- When someone makes the threat and attempts extortion, the threat itself must cause fear in the victim.
- And the fear bases on almost anything, such as the fear of violence, economic loss, social stigma, deportation, and anything else that might cause the victim to act and hand over the property.
- However, the victim’s experiences don’t need to fear, but only that the accused intended to cause fear.
- Also, the person who experiences fear doesn’t necessarily make the accused guilty of extortion, as the accused must intentionally cause the anxiety to gain property.
4. Property
- The type of property someone tries it obtain when using extortion encompasses almost anything that takes value.
- However, the property doesn’t need the actual physical stuff, and its property does not take the money value.
- It’s also unnecessary for the accused to deprive the victim of property, attempting to extort property and the crime.
- The courts also held that the property involved in extortion includes property cash, tangible goods, liquor licenses, debts, and even agreements not competing in business.
- And sexual acts it also typically covered, though some states take specific laws that govern sexual extortion.
Penalty
- Though states provide a wide range of extortion penalties, the greatest often punishes as a felony offense.
- A felony the most severe crime category, once that punishable by at least the year in prison and significant fines.
- In some states and some situations, however, the crime they classified as a misdemeanor, in which case it takes lower fines and jail sentences associated with it.
1. Fines
- The fines use extortion range widely. Also, but as much as extra for each conviction.
2. Restitution
- In addition to fines, the person convicted of extortion must often pay restitution to the victim, especially when the victim deprives them of valuable property.
- Unlike the fine, which pays to the state, restitution pays to the victim as compensation for the victim’s loss.
3. Incarceration
- Prison sentences for extortion it significant. And state laws allow for prison sentences of up to 15 years and extra for each extortion attempt.
4. Probation
- Courts also impose probation sentences for an extortion conviction. And courts it extra likely to use the probation sentence.
- When someone fails at attempted extortion and the extortion did not otherwise result in the victim’s property loss.
- Its probation sentences typically last for 12 months and extra. It includes the fine and requires that the convicted person complies with the court’s specific terms.
- Also, keeping the job and not contacting the victim. And failing to comply with probation terms typically results in having to serve a prison sentence.
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