Intent: You used force or fear with the intention of making the victim give you valuable property or performing an official act AND,.Acting Under Color of Official Right: You, a public officer, wrongfully took money or property that wasn't due to you (or to your office), whether or not taken by force, threats or fear AND,.Use Of Threat, Fear, Or Force : You threatened to harm the victim, a third party, or property, OR you threatened to accuse the victim (or a relative of the victim) of a crime, OR you threatened to expose a crime of the victim's, OR threatened to attribute something offensive to the victim, OR you threatened to expose a secret of the victim's, OR you threatened to report the victim's immigration status (or suspected status) OR,.
To convict you under CPC §518, the prosecutor must prove the following beyond a reasonable doubt:
Actually make the victim give you something valuable or perform an official act.ĭefining “Extortion” Under California Penal Code §518.Make the victim consent to giving you something valuable or performing an official act AND,.Intend to make the victim give you something valuable or perform an official act for you.Threaten or use force against someone or claim official right to make someone do something when you don't have the right to do it (making the victim act “under color of official right” ).In sum, to be guilty of Extortion By Threat Or Force under California Penal Code §518, you must: What Does California Penal Code §518 (Extortion By Threat Or Force) Prohibit?
A judge can revoke Probation and make anyone convicted serve her or his full sentence, if the terms of a Felony Probation are violated. Extortion can also occur when a person makes an official do something using unlawful threats or force or when an official unlawfully makes someone do something while claiming the official right to do it.įelony Extortion may be punished in California with two, three, or four years in county jail, a fine of up to $10,000, and/or Felony Probation, which permits a person convicted of Extortion to serve at least part of his or her sentence in the community while being supervised. This is “Extortion By Threat Or Force.” Blackmail is its best-known form. California Penal Code § (Section) 518 – ExtortionĬalifornia Penal Code (CPC) §518 – Extortion –The basic form of Extortion in California occurs when a person forces another person to part with property or makes another person do something through unlawful threats or force.