Extortion; aka Blackmail

Extortion aka Blackmail is more commonly known as ‘blackmail’, ‘coercion’, ‘payoff’, ‘ransom’, ‘demand’, ‘to squeeze’ or ‘shakedown’.

Under California Penal Code Section 518, extortion; aka blackmail is obtaining property from another, with his consent, by the wrongful use of force or fear.

Fear may be caused by threatening to:

• Injure a person or property
• Accuse the victim or their relative of a crime
• Disgrace the victim or their relatives
• Reveal a secret affecting the victim or their relatives

Some examples of illegal demands from someone in return for not injuring them or someone they know, or revealing compromising information about them are:

• Applying violence or threat to get finances or personal property

• EXAMPLE: Raul borrowed $5000 from Jorge and promised to pay him back. Raul avoids Jorge, so Jorge sends his cousins to Raul’s home and they threaten physical harm if Raul does not pay the money. As a result of the threat, Raul hands over the money.

Applying violence or threat to extort an officer to carry out a notarized action

• EXAMPLE: A businessman threatens to expose a city council member’s extramarital affair if she does not vote in favor of a proposal that will help his business.

Using someone’s official position to extort money or property from someone else

• EXAMPLE: A police officer threatens to frame a businessman for a crime if the businessman doesn’t give him money.

Extortion (PC 518) of a public officer occurs when one obtains an official act of a public officer under the color of official right. For example, a health inspector is acting under the color of official right when he/she is granting health permits.