Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Other Crimes DistinguishedĪs a crime of theft, extortion is closely related to robbery and false pretenses. The service refrained from must be one within the official capacity of the officer in order to constitute extortion. Finally, extortion may be committed by the officer's taking a fee for services that are not performed. It is not criminal, however, for an officer to collect a fee before it is due if the person paying so requests. The crime is committed regardless of whether the sum taken is likely to become due in the future.
A third method is for the officer to receive a fee before it is due. In this case the victim must at least believe that he or she is under an obligation to pay some amount. He or she might take a fee greater than that allowed by law. The officer might demand a fee not allowed by law and accept it under the guise of performing an official duty. There are four basic ways in which a public officer commits extortion. The victim, although consenting to payment, is not doing so voluntarily but is yielding to official authority.
For example, a highway department officer who collects money from a tax delinquent automobile owner in excess of the authorized amount on the pretense of collecting a fine is extorting money under color of office. This is known as acting under color of office. The officer falsely claims authority to take that to which he or she is not lawfully entitled. The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. Some statutes hold that the crime occurs when there is a meeting of the minds between the officer and the party from whom the money is exacted. Extortion by officials is treated similarly. Many hold that a threat accompanied by the intent to acquire the victim's property is sufficient to establish the crime others require that the property must actually be acquired as a result of the threat. Statutes governing extortion by private persons vary in content. Under these statutes, a person may be held strictly liable for the act, and an intent need not be proven to establish the crime. Some statutes, however, provide that any unauthorized taking of money by an officer constitutes extortion. When this is so, someone who mistakenly believes he or she is entitled to the money or property cannot be guilty of extortion. Statutes may contain words such as "willful" or "purposeful" in order to indicate the intent element. Under the common law and many statutes, an intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion. Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another. The threat does not have to relate to an unlawful act. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. It is not necessary for a threat to involve physical injury. Threats to harm the victim's friends or relatives may also be included.
Virtually all extortion statutes require that a threat must be made to the person or property of the victim. In addition, under some statutes a corporation may be liable for extortion. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. Most jurisdictions have statutes governing extortion that broaden the common-law definition. It is an oppressive misuse of the power with which the law clothes a public officer. Under the common law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
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