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. Extortion is somewhat different than blackmail but has similarities. 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.
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. 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. Queensland, Australia Extortion is a distinct crime in Queensland, as defined by section 415. Julio threatens that if Ernest does not hand over the decanter immediately, Julio will send Ernest’s wife photographs of Ernest with another woman. Blackmail, certain sorts of hacking are all examples of extortion. In modern usage blackmail differs from extortion in that the money or other valuable object or act is not extorted by threat of direct bodily harm, but by the. EXAMPLE (2): Ernest has just bought a new crystal wine decanter that Julio wants. In this case, Julio has committed robbery. 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. 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. 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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