![]() ![]() Learn More About California Extortion Laws from an AttorneyĬalifornia extortion laws carry very serious penalties. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. A felony conviction in an extortion case may lead to a sentence of imprisonment lasting for two to four years in state prison.Under California law, attempted extortion can result in a fine of up to $10,000, imprisonment in county jail for a term of up to one year, both a fine and imprisonment, or a sentence for imprisonment in state prison.The potential punishment for a conviction depends on whether the prosecutor charged the defendant with extortion or attempted extortion. Victim consented for a reason other than the defendant's threat Threat to disclose any secret involving the victim.Threat to reveal disgraceful information about the victim or impute a crime to the victim.Threat to accuse the victim or the victim's family member of a crime.Threat to cause an unlawful injury to the victim, the victim's property, or another person.The following chart lays out the basics of California laws: StatuteĬalifornia law establishes four types of threats that can become the basis for extortion: If the victim consented for several reasons, only one of which was the defendant's threat, it may be more difficult for the prosecutor to succeed with an extortion case. The victim must have felt fear and only given consent as a result of the defendant's threat. The prosecutor must prove that the victim of extortion consented to the defendant's demand due to the defendant's threat. A spoken threat or a written letter might reflect the defendant's intent to extort property or influence a public official to perform an official act. The prosecutor must show that the defendant had a specific intent to use the threat as a way to obtain the victim's consent for the taking of property or official act. In extortion, the victim gives consent due to a threat and the property can be taken from beyond the victim's immediate vicinity. In a robbery, an individual takes the property of another, without the victim's consent, from the victim's immediate presence. ExtortionĬalifornia law distinguishes between the crimes of robbery and extortion. A prosecutor can also bring a charge of extortion if a defendant's threat compelled a public official to perform an official act. ![]() Under California state laws, a prosecutor may bring a charge of extortion when a defendant used a threat to obtain property from the owner. Extortion is a property crime that includes activities more commonly known as blackmail. ![]()
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