3/10/2023 0 Comments Definition of extortion![]() ![]() Different Extortion Laws by StateĮach state has its own laws governing extortion, and the crime is not always referred to as extortion. In Florida, for example, “exactions are burdens or requirements a local government places on a developer to dedicate land or construct or pay for all or a portion of the costs of capital improvements needed for public facilities as a condition of development approval.”Īlthough exaction is legal to enforce, local governments must be careful about how the exaction is implemented to avoid legal action being taken. Extortion is a crime, but exaction is a legal tool used by municipalities. property law called “exaction.” The definition of exaction is similar to extortion, stating that it is “the action of demanding and obtaining something from someone, especially a payment or service.” The difference between exaction and extortion is the legality of the two. Courts have ruled that property can include a wide range of examples, including agreements to not compete in business.Įxtortion differs from another U.S. Property – The property in question doesn’t necessarily have to be physical property or have a monetary value.It isn’t required that the victim feels afraid, but that the intent of the perpetrator was to cause fear. Fear– The threat of action must be to cause fear in the victim.Intent – The specific intent of the person making the threat must be to obtain something of value from the other person.Threat – Extortion starts with a threat of action.One of the more common forms of extortion is “protection,” a racket famously used by organized crime in which someone collects money from businesses and store owners in return for their “protection.” Multiple criteria must be met for a crime to be considered extortion. What is Extortion?Įxtortion is using the threat of action to obtain something of value, usually money, from another person. We’ll also look at some famous examples of extortion. While extortion is a form of theft, it differs from the crime of robbery because the threat does not pose an immediate danger to the victim.īelow we’ll go over the laws, penalties, and sentencing for extortion crimes, including how state punishments can vary. The crime of extortion is defined as obtaining something of value through coercion. Recognizable forms of extortion include blackmail or a shakedown. However, extortion is not always prosecuted as a felony offense. § 1961, et seq.).Extortion is a form of theft and is often prosecuted as a felony in most states across America. However, a violation of the Hobbs Act may be part of a "pattern of racketeering activity" for purposes of prosecution under the Racketeer Influenced and Corrupt Organizations (RICO) statute (18 U.S.C. Proof of "racketeering" as an element of Hobbs Act offenses is not required. 1181, 1188 (1992) (only a private individual's extortion of property by the wrongful use of force, violence, or fear requires that the victim's consent be induced by these means extortion of property under color of official right does not require that a public official take steps to induce the extortionate payment).Īlthough the Hobbs Act was enacted in 1946 to combat racketeering in labor-management disputes, the extortion statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions. The extortion offense reaches both the obtaining of property "under color of official right" by public officials and the obtaining of property by private actors with the victim's "consent, induced by wrongful use of actual or threatened force, violence, or fear," including fear of economic harm. ![]() 1975) (rejecting the view that the statute proscribes all physical violence obstructing, delaying, or affecting commerce as contrasted with violence designed to culminate in robbery or extortion). The statutory prohibition of "physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section" is confined to violence for the purpose of committing robbery or extortion. The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. ![]()
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