Is it Extortion? All About Extortion Charges and Penalties

Extortion charges – popularly known as “blackmail” – fall under a wide umbrella of activity. Historically people have been extorted in exchange for their money or influence. Today, the legal concept of extortion has grown to include certain cybercrimes like ransomware.

If you are facing extortion charges or are the victim of extortion, you’ll want to understand how extortion is treated under the law. If someone has attempted to extort you or if someone is threatening to sue you for extortion, you can and should seek legal assistance from a lawyer.

What Counts as Extortion?

Extortion can take many forms. The legal definition of extortion varies by jurisdiction. Generally speaking, most laws addressing extortion include these legal elements:

1. a threat of, or actual use of,
   
2. force, coercion, or compulsion, 
   
3. with the intent to influence or cause, someone else to take an action which they otherwise would not take,
   
4. related to something of value.

Actions and Force, Coercion or Compulsion

Threats of physical violence, actual physical violence, and even digital attacks such as ransomware can be considered force under the law. It can also include the opposite: offering “protection” in exchange for avoiding force being used against you, with the implication that force will be used if you do not accept the protection. The mechanism of a threat can include words or actions, including but not limited to touching someone, showing a weapon, or sending communication like a letter, email, text message, or picture.

Extortion and Value

Likewise, value is broadly defined in extortion charges. Something of value could be money, services, information, or other property. Therefore, you could be charged with extortion for robbing someone physically; threatening that a person will be hurt unless they pay you money; seizing digital information unless the victim pays a fee (e.g. sexual content that a person does not want to be publicized); forcing someone to make a favorable administrative decision; or in similar situations.

Common Types of Extortion

• Physical extortion: Robbery is a standard example of physical extortion. This may involve using a weapon or other threat of force to influence someone to hand over money or jewelry.
• Digital extortion: A growing area of extortion is in the cyber world. We are seeing an increased number of cases of ransomware used to extract or lock information from organizations or individuals. The threat is either that the information will be made public, or that the information will remain encrypted, unless a fee is paid. For example, hospitals have faced an upsurge in ransomware. 
• Blackmail – This occurs when someone threatens to reveal information that the victim finds damaging or would like to keep private. Blackmail frequently targets celebrities, government officials, and other public figures. However, you can also be found to have committed blackmail against private individuals. 
  • Sextortion: a new form of digital extortion is threatening to reveal a private or compromising image of a person (such as a sexual image or video), in exchange for an action of value like payment of a fee or additional compromising images. This form of blackmail and extortion is sometimes referred to as sextortion. 

Extortion Penalties and Complications

Getting Arrested for Extortion

It’s possible, but not guaranteed, to be arrested in connection with an extortion charge. If extortion is a component of other charges, such as robbery, this becomes more likely. If you are accused of extortion and the matter is reported to the police, you could be arrested for investigation purposes. If the police decide to charge you and refer the matter to a prosecutor, then you could be prosecuted and, if convicted for a crime, you can face jail time.

Is Extortion a Misdemeanor or a Felony?

Depending on your jurisdiction and the specific charges against you and several legal factors, you could face a misdemeanor or felony charge. Each jurisdiction has its own definitions of misdemeanor and felony. Generally, a misdemeanor involves alleged crimes with a value less than $1,000, but this threshold varies by state. Note that if the reported action allegedly involved a weapon, even though the value of the item itself is under $1,000, you could be charged with a felony.

The type of charge you face depends on your status (are you a government official or civilian?), the severity of the alleged threat, the type of threat (digital, physical), whether the alleged threat was actually carried out, and the value of the thing you allegedly extorted, among other factors. Whether the threat involved a weapon is also an important determining factor.

Note that separately from the criminal system, you could also face a private lawsuit from the individual or entity that you allegedly extorted. This might be in the form of a lawsuit based in contracts law, family law, or even a defamation lawsuit.

If you are concerned about an allegation of extortion, you should seek advice from a lawyer who can review the specifics of your case and analyze these factors, specific to your jurisdiction. Unbundled Legal Help can help you find a lawyer in your area.

How Long Are Typical Jail Sentences for Extortion

Jail sentences range by your area and the specifics of your case, including the monetary value of the underlying extortion. In Maryland, for example, the monetary value of the extortion carries a wide range of jail time, from up to 18 months in jail for a misdemeanor, to 25 years for a felony involving more than $100,000 in extortion. You will know the specific penalties you could face after you are charged by a prosecutor, or if you consult with a criminal defense attorney before you are charged. It is best to be proactive if you believe you will be accused of extortion.

Mistaken Instances of Extortion

If you are accused of extortion, your intent matters. It is best to consult with an attorney regarding the specifics of your case, and to explain your side of the story. It is possible that your words or actions do not reflect your intent.

Options If You Believe You Are Being Extorted

If you believe you are being extorted, you may fear for your physical safety or that the attacker will carry out the attack (such as posting your private information online). You should be proactive and take action based on the specific threats made against you. 

In most cases, you can report the extortion to the local law enforcement. Local law enforcement will ask you questions regarding what happened, and will provide you with resources to defend yourself. Law enforcement may refer the matter to a prosecutor, to investigate further. 

If your blackmailer attempts to take any actions after you have spoken with the police, this is likely to be a new, separate crime. It is illegal in every state to attack someone for a validly-made complaint to police. Depending on the nature of the risk to you, your local law enforcement may take several actions to protect you – they may share the information about the attack to your local crime watch, or increase their patrolling in your area. If you are at heightened risk of an attack, you may qualify for a witness protection program. 

To make a report, you can approach a police officer while they are on duty, make a phone call to report the crime, or go in person to your local police station. If you believe you are being watched by your blackmailer, you can borrow a phone or use the resources at your local library to make the initial complaint.

If you are facing a digital extortion attack, you can report it to your local law enforcement and will be referred to additional, special resources. Cyber crimes, because they occur over the internet, also fall under special protections because they deal with communications and interstate trade. This gives federal government agencies, including the FBI, authority to investigate the issue and assist you.  Your local law enforcement may also direct you to additional state resources, such as your state’s Attorney General’s office and their cyber crimes unit.

If you are worried about your exposure to future cyber extortion attacks, you can follow the digital safety plan published by the FCC; seek assistance from a private cyber security firm to do penetration testing, to test your exposure to additional attacks and elevate your cyber defense system; and seek assistance from a private investigator to determine your level of exposure online and to seek out images or information that has been posted about you.

At any time, you can consult with a private civil attorney to sue your blackmailer in civil court for the extortion they have already done. An attorney can also help you seek an order of protection or an injunction, depending on your state, to prevent further extortion. The type of lawyer you need depends on the extortion you are facing, and could involve a family or criminal lawyer.