![]() ![]() Theft by extortion is a class 4 felony, except that theft by extortion under subsection A, paragraph 1 of this section is a class 2 felony. It is a defense to a prosecution under subsection A, paragraph 5, 6 or 7 of this section if a reasonable person would believe that the property or services were obtained or sought to be obtained by the threat of a reasonable accusation, exposure, lawsuit or other invocation of official action.Ĭ. That demand is accompanied by threat or force, designed to intimidate the other person into complying with the demand. For the purposes of this subdivision, "fair market value" means the fair market value as defined in section 33-814, subsection A as of the date of the theft.ī. Blackmail, also known as extortion, occurs when someone: Dishonestly demands something such as money or property that is in the possession of, or under the control of, another person, and. (b) The fair market value of the claimant's property is equal to or less than the amount paid by the claimant for the purchase of the tax lien or foreclosure, including taxes paid after the lien purchase and any costs and attorney fees paid in connection with the lien foreclosure. (a) The claimant's property interest is the result of a tax lien purchase or foreclosure pursuant to title 42, chapter 18. WHAT IS EXTORTION Extortion is sometimes confused with blackmail. However, both crimes include coercion or. Blackmail and Extortion are serious crimes that carries a penalty of up to 14 years ’ imprisonment. Take or withhold action regarding an alleged claim of easement or other right of access to an adjoining property if both of the following occur: Although, in some states, the terms blackmail and extortion are used interchangeably, they are two different crimes. Cause anyone to part with any property.ĩ. Take or withhold action as a public servant or cause a public servant to take or withhold action.Ĩ. Expose a secret or an asserted fact in a social media message as defined in section 16-901 or in any other manner, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person's credit or business unless the threat is based on a plausible claim of right to the property or services obtained or sought to be obtained.ħ. Even if someone unsuccessfully blackmails or extorts someone else, they are still guilty of a crime but in this case, it is attempted blackmail or extortion. Accuse anyone of a crime or bring criminal charges against anyone.Ħ. Unlike some other states, in California, blackmail and extortion are classified as felonies and carry a penalty of up to four years in prison and a fine of up to 10,000. Engage in other conduct constituting an offense.ĥ. Cause physical injury to anyone except as provided in paragraph 1 of this subsection.Ĥ. Cause physical injury to anyone by means of a deadly weapon or dangerous instrument or cause death or serious physical injury to anyone.Ģ. A person commits theft by extortion by knowingly obtaining or seeking to obtain property or services by means of a threat to do in the future any of the following:ġ. 13-1804 - Theft by extortion classificationġ3-1804. The biggest difference between extortion and blackmail is that blackmail requires a threat.
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