VocabuLaw

Extortion

What is it and what does it mean?

Description of the legal term Extortion:

Extortion is a criminal offense that involves an individual obtaining money, property, or services from another person through coercion. Coercion for this purpose is often referred to as threats, force, or other forms of intimidation. The intricacies of this crime are lies in the nature of how the demand for benefits is made and the type of coercion used.

Under British law, the offense is primarily covered under the Theft Act 1968 and more specifically, section 21 defines the term ‘Blackmail’ which is often synonymous with extortion. It involves making an unwarranted demand with menaces with a view to gain for oneself or another or with intent to cause loss to another. The demands are considered unwarranted unless the person making it does so in the belief that they have reasonable grounds for making the demand and that the use of menaces is a proper means of reinforcing the demand.

The law does not consider the legitimacy of the end goal but focuses on the methods employed to achieve it. Extortion typically becomes an option when the perpetrator believes that direct force would be too risky or when they have leverage over the victim that can be exploited without necessarily resorting to physical harm.

A key aspect of this crime is that the threat does not need to be of immediate harm. Future harm or harm to a loved one or even threat to expose embarrassing information qualifies for this offense. Thus, extortion is broader in scope than robbery or burglary which usually involve immediate harm or an immediate threat.

In addition to criminal sanctions, the victims of extortion have the potential to sue the perpetrator in civil court for any damages suffered as a result of the criminal conduct.

Legal context in which the term Extortion may be used:

A notable example involves a situation where a businessman receives a menacing letter. In the letter, he is instructed to pay a sum of money into a specified bank account, failing which, the sender threatens to reveal fabricated affairs to the businessman’s spouse, thereby endangering his marriage. Even though no physical threat is made, the use of such psychological pressure with an intent to gain financially, falls within the definition of this offense.

Another contextual example could involve a public official who misuses their position by demanding certain privileges or payments from constituents or businesses. Such a case occurred when a politician threatened a local business owner with regulatory sanctions and license revocation unless regular payments were made to the politician’s personal account. This demonstrates how the offense encompasses both private and public sector coercion, with the latter often involving abuse of power for personal gain.

In the terrain of British jurisprudence, this term encapsulates a broad range of coercive criminal behaviors, which can undermine personal security, economic activity and the integrity of public institutions. By criminalizing such actions, British law seeks to safeguard not only the property and economic interests of individuals and businesses but also the trust inherent within public administration.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.