New Jersey Law on Theft by Extortion – What You Need to Know

Theft by extortion is a serious crime in New Jersey that carries strict penalties. But what exactly constitutes extortion under New Jersey law? This article will break it down in simple terms so you can understand what’s legal and what’s not when it comes to obtaining property from others.

What New Jersey Law Says About Extortion

Extortion is classified as a theft crime under New Jersey Code 2C:20-5[2]. The law states that extortion occurs when someone “purposely threatens” another person in order to obtain their property.

The threats can involve[3]:

• Inflicting bodily injury
• Accusing someone of a criminal offense
• Exposing secret information that would subject the victim to hatred, contempt or ridicule
• Impairing someone’s business, career, financial condition, reputation or personal relationships
• Bringing about financial loss to someone’s business or career

So threats don’t necessarily have to be physical harm. They can also be threats to ruin someone’s reputation or livelihood.

Extortion vs. Blackmail

Extortion and blackmail are very similar crimes. The main difference is that with blackmail, the threats are often to expose damaging information about the victim if demands aren’t met.

With extortion, the threats can be exposing damaging information but can also involve threats of physical harm, damaging property, or bringing financial loss.

Penalties for Extortion in New Jersey

Extortion is classified as a theft crime in New Jersey. The penalties depend on the value of the property obtained through extortion[4]:

• If less than $500 – 3rd degree crime – 3-5 years in prison
• $500 – $75,000 – 2nd degree crime – 5-10 years in prison
• Over $75,000 – 1st degree crime – 10-20 years in prison

Fines up to $15,000 may also be imposed.

If threats of violence are involved, extortion may be charged as a 1st degree crime regardless of property value.

Defenses Against Extortion Charges

There are a few defenses that may apply in extortion cases[5]:

• No unlawful threats were made – If there is no evidence you actually threatened the alleged victim, the charges can be defeated.
• Threats were not serious – If the alleged threats are exaggerated and you had no intention of carrying them out, an extortion charge may not stick.
• Property taken was compensation for harm – It’s a valid defense if you prove the property obtained was reasonable compensation for actual harm the victim caused you.
• Property was honestly claimed as restitution – If you have evidence you honestly believed you had a right to the property as reasonable restitution for harm done to you, extortion may not apply.
• Lack of criminal intent – If there’s no evidence you purposely and knowingly made unlawful threats, you may not have exhibited criminal intent required for extortion.

Consult an Attorney if Facing Charges

Extortion is a very serious felony charge in New Jersey. If you are being investigated or charged with this crime, it’s critical to consult with a criminal defense attorney immediately.

A knowledgeable lawyer can evaluate the evidence against you, advise you of your rights, and build the strongest defense to fight the charges. Extortion cases often come down to witness credibility, and an experienced attorney can attack flaws in the prosecution’s case.

Don’t take chances with your future and freedom. Get experienced legal help right away if facing extortion allegations. Thoroughly understanding New Jersey laws on extortion is key to protecting yourself to the maximum extent possible.