What is the Criminal Offense of Extortion?
What does it mean to face charges related to extortion? There is no single definition for extortion across state and federal criminal law, though there are specific laws that involve the act of extorting another person or party. According to Merriam-Webster, extortion is defined as “the act or practice of extorting, especially money or other property,” with extorting further defined to mean “to obtain from a person by force, intimidation, or undue or illegal power.” Under state law under the Florida Statutes, a person can face charges for a specific offense defined as extortion, while most federal criminal extortion charges are brought as “blackmail.”
Our Florida extortion defense lawyers can provide you with more information about particular charges under state and federal law, and we can speak with you today about developing a defense if you are facing charges.
Florida Criminal Law on Extortion
Under Section 836.05 of the Florida Statutes, which is the criminal statute on “extortion” under a broader criminal statute on “threats,” the following is a criminal offense that can be charged either as a felony of the second degree, or in the most serious cases, a felony of the first degree:
“Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property, or reputation of another, or malicious threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will” commits the offense of extortion as a second degree felony.
When any of the above acts are committed while the person is acting as a foreign agent or with the intent of benefiting a foreign country, the offense becomes a felony of the first degree.
Federal Law on Blackmail and Extortion
Generally speaking, what is understood as extortion is typically charged under federal law under 18 USC 873, the statute on blackmail, which reads:
“Whoever, under a threat of informing, or as consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.”
The Hobbs Act, 18 USC 1951, also involves exportation, making it a criminal offense to “obstruct, delay, or affect interstate or foreign commerce through robbery or extortion.”
Contact Our Tampa Criminal Defense Attorneys for Assistance Defending Against Extortion-Related Charges Under State or Federal Law
Whether you are facing criminal charges related to extortion under the Florida Statutes or under federal law, you could be sentenced to prison time and a significant monetary fine if you are convicted. To be sure, these types of criminal offenses are taken extremely seriously under both state and federal law, and as such, it is crucial to have a criminal defense attorney on your side. One of the experienced Tampa extortion defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn more about the specific charges you are facing and to begin working with you to develop the strongest possible defense based on the facts of your case. Contact us today to get started on your extortion defense strategy.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0836/Sections/0836.05.html
law.cornell.edu/uscode/text/18/873
