Another distinguishing factor is that the nature of the threat for robbery is limited to an immediate physical harm to the victim. In other words, making the threat is sufficient and the actual obtainment of money or property is not required to commit the offence.Įxtortion is different from the crime of robbery: in robbery, the property is taken against the will and without the consent of the victim, while in extortion the victim consents, although unwillingly, to surrender money or property. If you are in need of legal advice regarding extortion and legalities surrounding. In many jurisdictions, the intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. The accepted definition for the crime of extortion is taking from another some patrimonial or non-patrimonial advantage by intentionally and unlawfully subjecting that person to pressure which induces him or her to submit to the taking according to SAPS. The actual obtainment of money or property is not required to commit the offence.

The extortionate threat required must be serious enough to place a reasonable person in fear. The nature of the threatened harm varies by jurisdiction, and it can include bodily harm, damage to property, damage to reputation, criminal accusations, or abuse of a public office. Generally, extortion statutes require that a threat must be made to the person or property of the victim. 1.5 A person commits criminal extortion if the person, with the intent to induce another person against that other persons will to give the person money or. Common law jurisdictions also refer to a second type of extortion, extortion 'under colour of office' or 'under colour of official right', which is the wrongful taking by a public officer of money or property that is not due to him/her, whether or not the taking was accomplished by force, threats, or use of fear.īesides some exceptions, such as in the case of extortion 'under colour of office' or 'under colour of official right', the act required for extortion is the threat of future harm. Such coercive extortion is synonymous with the term blackmail, which is an older term used to indicate extortion. Extortion consists of obtaining property from another through the wrongful use of actual or threatened force, violence or fear.

Legal definition of extortion