Theft by Extortion: What You Need to Know

Extortion – it sounds like something out of a mobster movie, right? But theft by extortion happens more often than you’d think, and it can carry some pretty hefty penalties if you’re caught. Let’s break down what extortion is, how it works, and what you can do if you’re being extorted.

What is Extortion?

The legal definition of extortion is obtaining money, property, or services through coercion. The key thing is that the perpetrator uses threats – either implied or direct – to get what they want.

Some common extortion tactics include:

• Threatening to reveal embarrassing or damaging information about the victim unless they pay up. This is a classic! “Pay me $10,000 or I send those photos to your boss.”
• Threatening violence against the victim or their family if they don’t comply. “It would be a shame if something happened to your pretty wife…”
• Threatening to report the victim to law enforcement or immigration authorities if they don’t pay. This is unfortunately common among undocumented immigrants.
• Damaging the victim’s property and then demanding payment to stop. “Nice business you got here…it’d be a real pity if something were to happen to it.”

So in summary, extortion involves using threats – whether direct or implied – to obtain money, property, or services from the victim against their will. The threats are what makes it different from regular old asking or bargaining.

Extortion vs. Blackmail – What’s the Difference?

People sometimes use extortion and blackmail interchangeably, but they’re slightly different. Blackmail is a specific type of extortion that involves threatening to reveal damaging information about someone unless they pay up.

All blackmail is extortion, but not all extortion is blackmail. Extortion is the broader category – blackmail is just one technique extortionists may use.

Some key differences:

• Blackmail always involves threats to reputation through revealing damaging info. Extortion may involve other kinds of threats like violence.
• Blackmail usually demands money as payment. Extortion could demand money, property, or services.
• Blackmail leverages the victim’s desire for secrecy. Extortion leverages all kinds of fears – violence, job loss, deportation, etc.

So in summary:

• Blackmail = threatening to reveal damaging info unless paid
• Extortion = threatening harm unless demands are met

Blackmail is one specific type of extortion. All blackmail fits under the umbrella of extortion, along with violent threats, threats of job loss, and more.

Extortion vs. Robbery – What Gives?

Robbery and extortion may look similar on the surface, but there’s an important distinction in the law.

Robbery involves taking property by force or threat of force. The key is that the property is taken directly – the robber points a gun at you and says “Give me your wallet!”

With extortion, the threats are used to coerce the victim into giving up property later on. The extortionist says “Leave an envelope of cash under the bridge by Friday or I hurt your family.”

So with robbery, the property is taken directly by force. With extortion, threats are made to coerce the victim into giving up property later.

Some other key differences:

• Robbery is always violent or threatens immediate harm. Extortion may involve non-violent threats like releasing damaging info.
• Robbery happens on the spot. Extortion gives time for the victim to meet demands.
• Robbery takes property openly by force. Extortion uses threats to manipulate the victim into giving property.

So in summary:

• Robbery = taking property openly by force or threats of immediate harm
• Extortion = using threats to coerce the victim into giving up property later

Robbery is violent and immediate; extortion is coercive and delayed. But they often go hand in hand!

Is Extortion a Felony?

You bet it is! Under federal law and most state laws, extortion is considered a felony offense.

Charges and penalties vary based on circumstances, but extortion is generally prosecuted as either:

• Extortion by threat of physical harm – Class C or Class B felony. Up to 15 years in prison.
• Extortion by threat of other harm (reputation, job loss) – Class D or Class E felony. Up to 5 years in prison.

If physical harm actually results from the crime, extortion can be elevated to an aggravated offense with harsher penalties.

Using interstate communications like phone calls or mail to extort also brings federal charges into play. This can add up to 20 years in prison.

And here’s the kicker – attempting or conspiring to extort someone carries the same penalties as completed extortion. So you don’t have to go through with the threats to be charged with a felony!

Can I Go to Jail for Paying Extortion?

This is a tricky area. In most cases, the law views victims of extortion sympathetically. Prosecutors understand you may have felt you had no choice but to pay.

However, there are cases where the victim could potentially face charges:

• If you played an active role in planning the extortion scheme. It takes two to tango.
• If you paid the extortion but failed to report it to authorities afterward. This could be seen as complicity.
• If the extortion relates to an underlying crime you were involved in. Say you get extorted over an illegal gambling ring you’re part of.

The bottom line is that pure victims of extortion with no criminal involvement of their own are very rarely prosecuted for paying. But it’s a complex issue that depends a lot on the specific circumstances.

If you’re being extorted, it’s always best to contact authorities and let them handle it rather than pay. But the law does account for the fact that victims are under extreme pressure.

What Should I Do if I’m Being Extorted?

First of all, don’t panic. Easier said than done, I know. But extortion relies on the victim’s fear. Calmly assessing your options reduces the power imbalance.

Here are some tips if you find yourself on the receiving end of extortion threats:

• Don’t engage with the extortionist. Don’t let them know you’re rattled or willing to pay. Cut off contact.
• Document everything. Save any letters, emails, texts, or records of conversations. They’ll be critical evidence.
• Report it. Contact your local police and/or the FBI. They have resources to investigate and prosecute extortion.
• Don’t pay up. As hard as it is, paying only enables further extortion and crimes. Let the authorities handle it.
• Get support. Talk to trusted friends and family. Seek counseling if you’re struggling with fear and anxiety. Don’t go through it alone.
• Fight back legally. Get an attorney to send cease and desist letters on your behalf, or pursue a civil suit for damages.
• Secure yourself. Update home security, change passwords and pins, shred documents. Make yourself less vulnerable.
• Be patient. Extortion investigations take time. Stick to your guns and let law enforcement do their job.

Can I Get My Money Back if I Pay Extortion?

If you do end up paying the extortion demand, you may be able to recover your money. Here are some ways victims can get their cash back:

• Restitution – If the extortionist is convicted criminally, the court can order restitution to be paid back to the victim. This comes from any assets seized from the defendant.
• Civil lawsuit – Victims can sue the extortionist in civil court for damages like emotional distress and lost income. Money awarded can be collected through wage garnishment or liens.
• Crime victim compensation – Some state-run funds exist to reimburse victims for losses from violent crimes like extortion. There may be caps on amounts though.
• Insurance claims – If you have property insurance, business insurance, or coverage like renters’ or homeowners’, you may be able to file a claim for extortion-related losses.
• Tax deductions – Extortion payouts can sometimes be deducted from your taxes as theft losses if you itemize deductions. There are specific IRS rules around this.

Recovering extortion payments often takes time and effort, but it is possible in many cases. Don’t lose hope!

Key Takeaways on Extortion

Dealing with extortion is scary stuff, but knowledge is power. Here are some key takeaways:

• Extortion means using threats to obtain money, property or services against someone’s will. Blackmail is a type of extortion.
• Extortion is a felony offense that can carry significant prison time. Attempting extortion is also a crime.
• Pure extortion victims are rarely prosecuted for making payments, but it’s complex. Always report it instead of paying.
• If you are being extorted, don’t engage with the perpetrator, document everything, and contact authorities. Never pay up.
• It is possible to recover extortion payments through restitution, civil lawsuits, insurance claims, and other means.
• Extortion relies on creating fear. Stay calm, stand firm, and let the authorities handle things. The law is on your side!

And those are the key facts on extortion – how it works, the penalties, and what to do if you find yourself targeted. Stay safe out there!