extortion(redirected from Other Crimes Distinguished)
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extortion,in law, unlawful demanding or receiving by an officer, in his official capacity, of any property or money not legally due to him. Examples include requesting and accepting fees in excess of those allowed to him by statute or arresting a person and, with corrupt motives, demanding money or property unlawfully under pretense of duty. The taking of money or property is generally an essential element of the crime. In most states of the United States, extortion is more widely defined to include the obtaining of money or property of another by inducing his consent through wrongful use of fear, force, or authority of office; blackmailblackmail,
in law, exaction of money from another by threat of exposure of criminal action or of disreputable conduct. The term was originally used for the tribute levied until the 18th cent.
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price of redemption demanded by the captor of a person, vessel, or city. In ancient times cities frequently paid ransom to prevent their plundering by captors. The custom of ransoming was formerly sanctioned by law.
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in law, declaration of intent to injure another by doing an unlawful act, with a view to restraining his freedom of action. A threat is distinguishable from an assault, for an assault requires some physical act that appears likely to eventuate in violence, whereas a
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in criminal law, a crime against property consisting of the demand to turn over property, or the rights to property, under threat of violence to the individual who controls or guards the property or to persons close to him, as well as under threat of making public damaging information about him or destroying the property. In this case, persons close to the owner include not only relatives but also other citizens who, threatened by violence, could influence the owner. Soviet law establishes criminal responsibility for extortion of state or societal property, as well as private property of citizens (arts. 95 and 148 of the Criminal Code of the RSFSR and corresponding articles of the Criminal Codes of the other Union republics). Extortion is not covered in the codes of the Kirghiz, Uzbek, or Ukr SSR’s.
As distinct from such crimes as theft and robbery, in extortion the threat of violence is directed toward transferring property to the criminal and not toward overcoming the resistance of the victim; for this reason, when the threat of violence is made and the property is then handed over, the guilty party is responsible for both extortion and theft or extortion and robbery, depending on the nature of the violence.
The threat of exposing damaging information is called blackmail. For the crime of extortion the damaging information can be either real or false and slanderous. For example, according to the criminal codes of the Byelorussian, Kirghiz, and Tadzhik SSR’s, blackmail includes demanding property or the rights to property under the threat of exposing information that the victim wishes to keep secret. Extortion can be the means of committing some other crime, such as bribery.
Extortion of government or societal property is punished by loss of liberty for up to four years; extortion of personal property is punished by imprisonment for up to three years or corrective labor for up to one year.
IU. B. UTEVSKII