What Are the Penalties for Extortion Under Penal Code § 518 in California?
Extortion, also known as blackmail, is a serious offense under California law. It involves using threats or force to obtain money, property, or services from another person. According to Extortion (Penal Code § 518), this crime may also include threats to expose someone’s secrets or accuse them of wrongdoing unless they meet a demand.
Understanding the penalties for this offense helps clarify what individuals might face if charged. Legal definition of extortion, what prosecutors must prove, common examples, penalties, and potential defenses.
What is Extortion Under Penal Code § 518?
Under Penal Code § 518, extortion is defined as using force, fear, or threat to obtain something of value or to make a public official act in a certain way. The threat doesn’t need to be physical violence – it can include threats to reveal personal information or damage someone’s reputation.
There are several ways a person can commit extortion:
- Threatening to harm someone or their property
- Threatening to accuse someone of a crime
- Using threats to force a public official to act against their duty
- Demanding money in exchange for silence
The key factor in these cases is that the victim gives in to the demand because they feel afraid or pressured.
Legal Elements the Prosecution Must Prove
To secure a conviction for Extortion (Penal Code § 518), the prosecution must prove certain legal elements:
- A Threat Was Made: There must be a clear threat of harm, whether physical, emotional, or reputational.
- Intent to Use the Threat to Obtain Something: The person making the threat must intend to get money, property, or a specific action in return.
- Victim’s Consent Was Not Voluntary: The victim must have given in to the demand because of fear created by the threat.
- Actual Gain or Attempt: Either the accused successfully obtained the item or service or tried to do so.
If all these elements are present, a person may be convicted of extortion even if they didn’t physically carry out the threat.
Common Examples of Extortion
Real-life examples can help clarify what counts as extortion:
- A person threatens to post private photos online unless they’re paid.
- Someone demands money while threatening to falsely report a crime to the police.
- A business owner is forced to sign over assets after a person threatens to damage their reputation.
- A government official is pressured into awarding a contract under threat of public exposure.
These examples show how extortion can take many forms and involve different types of threats and targets.
Penalties for Extortion
Extortion is considered a felony in California. The consequences for violating Penal Code can be severe and long-lasting. A conviction can lead to:
- State prison sentence of 2, 3, or 4 years
- A fine of up to $10,000
- Formal (felony) probation
- A permanent felony record
If the extortion involved a public official or certain aggravating factors, the court may impose a longer sentence or stricter terms.
In cases where extortion is attempted but not completed, the penalties can still include up to one year in county jail or up to 4 years in state prison, depending on how the case is charged.
Aggravating Factors That May Increase the Sentence
Certain factors can lead to more serious penalties for extortion:
- Use of a weapon: If a weapon was involved in making the threat, the sentence may increase.
- Targeting vulnerable victims: Threats against minors, seniors, or disabled persons can lead to harsher outcomes.
- Prior criminal record: A person with previous felony convictions may face longer prison time or be ineligible for probation.
In some cases, extortion may also be tied to organized crime or gang activity, which can trigger additional charges and penalties under California law.
Civil Consequences and Restitution
Beyond criminal punishment, extortion can lead to civil lawsuits. The victim may sue for damages, including emotional distress or financial losses. Courts may order the defendant to pay restitution, which means repaying the victim for what was taken or the harm caused.
Even if a criminal conviction doesn’t occur, a civil case may still go forward based on the same actions.
Legal Defenses Against Extortion Charges
Several legal defenses may apply to an extortion case, depending on the facts involved:
- False Accusation: The accused may argue they never made any threat or that the claim is fabricated.
- No Threat Was Made: Not all demands count as threats under the law. The defense may argue the statement was not threatening or forceful.
- No Intent to Obtain Property or Action: The accused may argue there was no intent to gain anything from the other party.
- Consent Was Voluntary: If the alleged victim gave something willingly and not under fear, it may not be extortion.
These defenses are evaluated based on evidence, such as text messages, witness accounts, or the context of the conversation.
Expungement and Future Impact
A felony conviction for extortion can affect many parts of life, including employment, housing, and voting rights. However, in some cases, individuals may apply for expungement after completing their sentence. This doesn’t erase the record but can reduce its impact on future opportunities.
Having legal representation and knowing the options early on can help individuals understand what steps to take during and after the court process.
Conclusion
Extortion (Penal Code § 518) is a felony offense with serious legal and personal consequences. The law is broad, covering a range of threats and demands, whether or not physical violence is used. A conviction can lead to prison time, fines, and long-term damage to a person’s future. Understanding what qualifies as extortion, how it is prosecuted, and what penalties apply is key for anyone involved in such a case. Whether accused or concerned about your rights, knowing the law provides a strong starting point for navigating the situation. Contact David P. Shapiro Criminal Defense Attorneys for more details!
