If the threat was not the reason the victim handed over the property, the defendant can not be convicted of extortion.Īt common law, extortion is a felony, and it remains so under modern statutes. However, in order to win a conviction, the prosecution must show that the victim handed over the property that the defendant demanded as a result of the threat. The crime of extortion is making threats to do something, or disclose. Typically, threats to injure the victim or his property, threats to accuse the victim or a family member of the victim of a crime, threats to disgrace the victim, or threats to expose any secret that would adversely affect the victim, are all considered adequate threats for extortion. Generally, the federal crime of blackmail has become more commonly known as extortion. Extortion comes from the Latin word, extortionem which means twisting out. In some states, blackmail is a subcategory of extortion. This is considered extortion.Īgain, the threats required for extortion are different from those required for robbery, either because they do not involve the threat of harm which is necessary for robbery, or because the harm is threatened is not imminent. What is the Difference Between Extortion & Blackmail More often than not, the terms, blackmail and extortion are used interchangeably. Julio threatens that if Ernest does not hand over the decanter immediately, Julio will send Ernest’s wife photographs of Ernest with another woman. EXAMPLE (2): Ernest has just bought a new crystal wine decanter that Julio wants. In this case, Julio has committed robbery. Extortion and blackmail are two very similar offences, which are often confused with each other. Julio threatens that if Ernest does not hand over the decanter immediately, Julio will beat Ernest with a crowbar. For example:ĮXAMPLE (1): Ernest has bought a brand new crystal wine decanter that Julio wants. By contrast, extortion generally involves a threat of. ![]() ![]() ![]() The difference between extortion and robbery is that the threats required for robbery must put the victim in fear of imminent harm whereas the threats required for extortion do not. With blackmail, the threat usually concerns disclosure of embarrassing or incriminating information. The unlawful extraction of property from another by means of threats or coercion.Įxtortion is committed when a defendant takes property from the victim through threats or coercion.
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