What is the legal definition of extortion?
Full Question:
I recently sent an e-mail to a former employer requesting that they pay me the monies owed to me. In that demand, I made reference to the fact that I would tell the truth in Court about all the unprofessional lies they insisted that I tell clients. I received a call from them indicating that I was extorting from them. I do not fully understand what extortion means.
06/04/2009 |
Category: Criminal ยป Extortion |
State: Nevada |
#16869
Answer:
A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges to be instituted against him; or
(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(vi) Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.
The following are NV statutes:
NRS 205.320 Threats.
A person who, with the intent to extort or gain any money or other
property or to compel or induce another to make, subscribe, execute, alter
or destroy any valuable security or instrument or writing affecting or
intended to affect any cause of action or defense, or any property, or to
influence the action of any public officer, or to do or abet or procure any
illegal or wrongful act, whether or not the purpose is accomplished,
threatens directly or indirectly:
1. To accuse any person of a crime;
2. To injure a person or property;
3. To publish or connive at publishing any libel;
4. To expose or impute to any person any deformity or disgrace; or
5. To expose any secret, is guilty of a category B felony and shall be
punished by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, or by a
fine of not more than $10,000, or by both fine and imprisonment. In
addition to any other penalty, the court shall order the person to pay
restitution.
NRS 205.322 Extortionate collection of debt.
A person who causes a debtor to have a reasonable apprehension that a
delay in repaying the debt could result in the use of violence or other
criminal means to:
1. Harm physically the debtor or any other person; or
2. Damage any property belonging to or in the custody of the debtor, is
guilty of extortionate collection of debt which is a category B felony
and shall be punished by imprisonment in the state prison for a minimum
term of not less than 1 year and a maximum term of not more than 6
years, and may be further punished by a fine of not more than $10,000. In
addition to any other penalty, the court shall order the person to pay
restitution.
