In common law, extortion is committed by a public officer. When a public officer takes money or other valuables from an individual that is not due to the officer, such act will not amount to robbery but extortion. Traditionally, the valuables or money are extracted by using force or threat. To constitute the offense of extortion, the public officer should use a threat under the guise of exercising public duties. When an officer falsely claims authority to take that which the officer is not lawfully entitled to, such act is known as acting under color of office. The unlawful exaction of money through intimidation was a complement of bribery in the early ages. This was because both the crimes were considered to be done by public officers only. In the United States, the crime of extortion is usually statutorily defined. In some states, extortion is not limited to acts done by public officers, but includes actions of private individuals. However, in some states, when a private person commits extortion it will come under the crime of blackmail. Blackmail is mostly used as a term that defines extortion. The crime of extortion includes an act involving moral turpitude or gross immorality. Under some statutes, a corporation can also be considered liable for extortion.Įxtortion can include threats of physical harm, criminal prosecution, or public exposure if the amount or valuable demanded by a person is not transferred. It can become a federal violation of the law if perpetrated across a computer system, phone, by mail, or in using any instrument of interstate commerce. Extortion is a federal offense when it interferes with interstate commerce.
It is punishable by a fine, imprisonment, or both.Īll extortion statutes require that a threat must be made to the person or property of the victim. A threat to harm a person in his/her career or reputation is also extortion.
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