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 ?
at 928 (extending the right of recovery to include alienation of a child's affections would open a "Pandora's box of litigation"); Ronan, 220 N.E.2d at 909 (sustaining demurrer against claims of alienation of affections and alienation of children's affections where complaint failed to assert loss of consortium); Bock, 278 N.W.2d at 328 (fearing that the tort would produce fraudulent, extortionary litigation; clarifying that rejection of the tort did not diminish "other remedies for interference with familial relationships" which made acceptance of the action "unnecessary as well as undesirable"); Edwards, 259 S.E.2d at 14 (noting that alienation of a child's affections was not actionable at common law).
NOW Telecom particularly wants the NTC to remove key portions of TOR that dealt with hefty financial commitments, calling these as 'onerous, confiscatory and potentially extortionary.'
7 to President Duterte himself, because we believe that he has the political will to remove all provisions in the terms of reference that are onerous, confiscatory and potentially extortionary, and that he has the moral ascendancy to choose the most deserving candidate," it added.
(187) This proposal addresses a popular troll-like "extortionary" practice: filing numerous suits against small customers far more likely to pay nuisance settlement fees than to fund an entire trial.
They are re-directing the energy of a righteous protest against a criminal and parasitic central banking system into a justification for extortionary maneuvers against working-class taxpayers in the interest of expanding the welfare state, and the powers of the managerial elite who administer it.
Blomberg suggests that he likely commandeered "extortionary profits" (1999, 140).
To begin with their product earns a greater return per unit sold and in addition requires no extortionary cost to gain shelf space and little or no marketing.
to oversupply oil at relatively cheap prices and, along with Egypt, humiliated when they come to buy arms at extortionary prices.
The firm wanted the NTC to remove key portions of the bidding rules that set hefty financial commitments, claiming these were 'onerous, confiscatory and potentially extortionary.'
NOW Telecom said the additional requirements were "barriers to entry" and can be declared "onerous, confiscatory and potentially extortionary.