Difference between revisions of "Extortion" - New World Encyclopedia

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[[Category:Law]]

Revision as of 15:02, 11 June 2007


Extortion is a criminal offense, which occurs when a person either obtains money, property or services from another through coercion or intimidation or threatens one with physical harm unless they are paid money or property. Refraining from doing harm is sometimes euphemistically called protection.

Definition

Extortion is obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right.[1] The full extent of the definition of extortion is dependent on what is encompassed in the specific state or nation's robbery laws, which traditionally cover violent seizure of property, whereas extortion is non-violent.

Extortion is defined in such a way as to exclude legal bargaining in which one side may threaten to remove their goods or services should the other side not comply with certain demands.

Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense. The simple four words "pay up or else" are sufficient to constitute the crime of extortion. An extortionate threat made to another in jest is still extortion.

Types

Blackmail

Blackmail is act of threatening to reveal information about a person unless the threatened party fulfills certain demands. This information is usually of an embarrassing or socially damaging nature. The word is derived from the word for tribute paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids. This tribute was paid in goods or labour (reditus nigri, or "blackmail"): the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver).

Many debt collectors have been accused of blackmail, but those pursuing legal debts are generally able to justify their threats of repossession because, even though unpleasant to the victim, this is a legitimate use of lawful civil law remedies. By contrast, those chasing illegal debts (a gambling debt, for example, which was not until recently enforceable under English law) who back up their demands with the threat of bodily injury cannot avail themselves of the same defence. There will also be liability even though the debts are legally owed if the menaces are of a criminal nature, e.g. of an assault or more serious violence or criminal damage. The offence criminalises the means adopted by the creditors as the social problem to be deterred, rather than the evasion by the debtors. The creditors are expected to use the standard judicial remedies to recover what is owing.

In a broader sense, blackmail is an offer to refrain from any action which would be legal or normally allowed, and is thus distinguished from extortion.

Electronic

In the United States, extortion may also be committed as a federal crime across a computer system, phone, by mail or in using any instrument of "interstate commerce." Extortion requires that the individual sent the message "willingly" and "knowingly" as elements of the crime. The message only has to be sent (but does not have to reach the intended recipient) to commit the crime of extortion.

Robbery

Extortion is distinguished from robbery. In "strong arm" robbery, the offender takes goods from the victim with use of immediate force. In "robbery" goods are taken or an attempt is made to take the goods against the will of another - with or without force. A bank robbery or extortion of a bank can be committed by a letter handed by the criminal to the teller. In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur. Under Federal law extortion can be committed with or without the use of force and with or without the use of a weapon. A key difference is that extortion always involves a written or verbal threat whereas robbery can occur without any verbal or written threat (Refer to U.S.C. 875 and U.S.C. 876).

Usury

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. For example, certain lawsuits, fees for services such as banking, automobile insurance, gasoline prices, and even taxation, have all been labelled "extortion" by people with various social or political beliefs.

References
ISBN links support NWE through referral fees

  • Allen, Michael. Textbook on Criminal Law. Oxford University Press: Oxford. (2005) ISBN 0-19-927918-7.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell: London. ISBN 0-421-19960-1
  • Ormerod, David. Smith and Hogan Criminal Law, LexisNexis: London. (2005) ISBN 0-406-97730-5
  • Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 0-406-89545-7

External links


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  1. Extortion Law.com Retrieved June 9, 2007.