extortion

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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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, ransomransom,
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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, and threatthreat,
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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 of force are included under this definition.

Extortion

 

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

References in periodicals archive ?
I expect (Perez's) accuser to prove to our people within this 30-day period that his isn't a political game or a strategy to evade extradition proceedings against him,'' she said, adding Jimenez ''must produce within the 30-day period a credible indication'' that Perez indeed extorted money from him.
Police believe the 10 youths, mostly classmates at a Nagoya junior high school attended by the victim, beat the boy and extorted 54 million yen from him on some 130 occasions over an eight-month period that started in June last year.
The gang had targeted eight businessmen in the last 12 months and had extorted nearly ` 3 crore from them.
ACORN's attorney confirmed that RDD "failed to contest the claim that ACORN extorted RDD's tenants," though RDD did not "withdraw," in Lewis' sense of the word, any claim.
FIA spokesman said here Friday that Qurratul Aein of Samanabad Lahore extorted money of Rs.
The accused also extorted Rs 50000 and US $ 48000 from complainant Ghulam Murtaza for overseas employment to Korea.
A policeman who posed as a member of the New People's Army (NPA) was arrested Monday night while claiming money that he allegedly extorted from a construction firm at a Smart Padala outlet, police said Tuesday.
The student allegedly extorted Dh5,000 from another man he met on a dating site.
The Pervomaiskiy district court of Bishkek sanctioned 2-month arrest for Abdurazak Boronbaev and Ermek Junushbaev, who extorted $3 million from Douglas Grier, representative of the Kumtor project operator.
Meena also added that the money extorted by Naxals is used for anti-people activities including purchasing sophisticated weapons and organizing camps.
It alleged that the former minister had extorted ` 70 lakh from Raman Patel and Dashrath Patel -- two Ahmedabad businessmen -- after Sohrabuddin's murder.