It's crucial to understand that the legal definitions of "extortion" and "blackmail" in California, as defined by Penal Code 518 PC, are distinct offenses, despite being often used interchangeably. They are punished similarly, but their distinct nature is what sets them apart.
However, despite the penalties for extortion and blackmail being essentially the same and severe, it's crucial to underscore the gravity of these offenses. The best way to think of the difference is that extortion can threaten harm through various means, while blackmail primarily threatens harm by releasing sensitive information.
Extortion is described as the use of coercion to obtain money, goods, or services from an individual. The coercion could be violence, the threat of violence, or the destruction of property. Threatened refusal to testify can also be classified as a form of coercion.
Blackmail, in contrast, can be described as obtaining money, goods, or services from an individual by threatening to reveal embarrassing, incriminating, or socially damaging information.
Notably, blackmail is a crime regardless of the validity of the information. Even if you are threatening to reveal actual criminal activity, it remains blackmail and is still illegal.
Definition of Extortion
PC 518 says, "(a) Extortion is obtaining property or other consideration from another, with their consent, or obtaining an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.
(b) For purposes of this chapter, "consideration" means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3 or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647.
(c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part."
Use of Threats or Coercion
Simply put, PC 518 broadly defines extortion as obtaining property or other consideration from someone with their consent or obtaining an official act of a public officer induced by a wrongful use of force or fear or under the color of official right. This clear definition helps you understand the legal boundaries of extortion.
This means that if someone uses threats or coercion to obtain money or property from another person, it can be considered a form of extortion. This also includes situations where a public official is coerced into performing an official act.
Similarly, blackmail involves threats to reveal potentially damaging information about someone unless a demand, usually for money or another form of payment, is met.
For the purposes of this law, 'consideration' can take various forms, including money, a favor, a sexual act, or even a promise to do or refrain from doing something. This illustrates the broad scope of this law and the various forms' consideration' can take.
The critical element is that the person making the demand is doing so to obtain something of value from the victim, and that the victim is under threat of harm if they do not give it.
What Is Extortion?
While extortion and blackmail share some similarities, it's essential to clarify their distinct natures, such as the following:
- Extortion typically involves an overt act of harm or damage,
- Blackmail deals with the release of harmful information.
- Attempted extortion is a separate crime prosecuted under Penal Code 524 PC.
Extortion, a crime with a broad and comprehensive scope, involves compelling another individual to hand over money or property, or to perform an action against their will through the use of force or threats. This can include threats of violence, damaging someone's reputation, revealing confidential information, etc.
The essence of extortion is coercion, the act of compelling someone to do something they wouldn't normally do under the threat of consequences.
Extortion is a standard action within organized crime or in "mob"-controlled areas, where a member of the organization offers "protection" to local business owners for a weekly fee, meaning, of course, that they will vandalize the business if the owner does not pay.
You can be convicted of extortion even if you do not actually injure, use force against that person, expose their secret, etc. All that matters is that you threatened to do so. The threat must be the primary reason that the other person consented. If the person or government officials consented for other controlling reasons, you are not guilty of extortion.
What is Blackmail?
Blackmail is a specific form of extortion that involves threats to reveal potentially damaging information about someone unless a demand, usually for money or another form of payment, is met.
Unlike general extortion, which can involve a broader range of threats, blackmail is more narrowly focused on leveraging secrets or sensitive information to gain an advantage, making the victim feel specifically targeted.
For example, suppose Linda has been having an extramarital affair with a coworker. One day, she receives a letter from an anonymous sender claiming to have evidence of her infidelity.
This is a classic case of blackmail. The anonymous sender is threatening to reveal Linda's infidelity to her husband unless she pays $ 5,000. This threat of revealing embarrassing or damaging information to gain an advantage is the essence of blackmail.
What are Related Laws?
Several California laws are related to Penal Code 518 extortion and blackmail, such as the following:
- Penal Code 524 PC attempted extortion. It's a crime to attempt to extort property or money from someone by means of threats.
- Penal Code 522 PC extortion by signature. It's a crime to commit extortion by obtaining a signature through deception.
- Penal Code 523 extortion by threatening letter. It's a crime to commit extortion by sending a threatening letter or other communication.
- Penal Code 526 PC extortion by fake court order. This statute makes it a crime to commit extortion by means of a fake court order.
What are the Penalties?
Given the serious nature of extortion and blackmail, the penalties for these crimes in California are severe. A violation of PC 518 is considered a felony offense, and the specific charge will depend on the success of the extortion or blackmail.
A successful act of blackmail or extortion, meaning the victim complied with the demand, is always charged as a felony. If convicted, you could face up to $10,000 in fines and up to four years in prison.
Attempted blackmail or extortion, meaning the threat was made, but the victim did not comply, is a "wobbler offense," charged under Penal Code 524 PC. This means it can be charged as a felony or a misdemeanor, depending on the circumstances.
If charged as a felony, the penalties are the same as those for successful extortion. If charged as a misdemeanor, you could face up to a year in jail if convicted. Contact our California criminal defense lawyers for more information. Eisner Gorin LLP is based in Los Angeles, CA.
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