To prove that the defendant is guilty of extortion, the prosecutor must prove that the defendant: With blackmail, there is not necessarily a threat of force against the victim or an act that pretends to be conducted under the color of authority. On the other hand, It is blackmail or Extortion when a defendant demands money from a victim with a threat that the defendant will reveal nude photos of the victim unless the victim pays the money demanded. ![]() Neither the use of force or fear, nor the pretense of official right is necessarily present in blackmail however, blackmail can be charged as extortion under California law because fear does not necessarily require a fear of physical harm (embarrassment will suffice).Įxample: It is extortion for a person to demand money from a business owner in order for the business owner to avoid physical destruction of the business owner's business (without legal authority to destroy the business). Blackmail is the threat of exposing information about the victim unless the victim pays money or performs some act that the victim is not otherwise legally obligated to perform. Note: Extortion is similar to, but slightly different than, blackmail. ![]() Information on the crime of extortion is found at penal code sections 518, 520, and 524.Įxtortion Defined: Extortion is defined as obtaining money or property from a victim, with the victim's consent, but where the victim's consent is obtained by the wrongful use of force or fear, or under color of official right.
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