CALIFORNIA PENAL CODE SECTION 518 PC – EXTORTION

In the state of California, extortion is defined in Penal Code 518 PC. This crime involves using force or threats to compel another individual to give money or property, or to force a public official to perform an official act. Extortion is sometimes referred to as “blackmail,” which can also be considered a federal offense. Extortion encompasses a wide range of illegal behavior. Here are some examples that may violate the extortion and blackmail laws outlined in Penal Code 518:

• Threatening to expose a high-ranking company officer’s affair unless they provide $10,000.
• Using force or threats against a government official in order to coerce them into carrying out a specific action.
• Threatening to report a crime to the police unless compensation is received.

If convicted of Penal Code extortion, it is considered a felony offense and can result in a prison sentence of up to 4 years.

California Penal Code 518 PC (a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. (b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647. (c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part. Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=518.

ELEMENTS OF CRIME

To establish a conviction for extortion in California, a prosecutor must prove the following elements:

• The accused person made a threat to the alleged victim. The threat could involve:
  • Committing an unlawful injury or using force against the victim, a third person, or their property.
  • Accusing the victim or their family member of a crime.
  • Exposing a “secret” involving the victim or their family member or connecting them to a crime, disgrace, or scandal.
• The threat or use of force was intended to force the victim’s consent to give money or property or perform an official act.
• As a result of the threat, the victim gave money or property or performed the official act.
• The victim actually gave money or property or performed the official act.

Extortion is a specific intent crime, meaning the accused person must have had both the desire to commit the crime and the intent to achieve a specific result. Regarding the meaning of “threaten” and “consent,” these terms can sometimes raise questions under the statute. “Threaten” generally refers to communicating an intention to inflict harm, injury, or punishment, while “consent” implies voluntary agreement or compliance. Furthermore, extortion can also be committed through obtaining a signature or using a threatening letter as means of coercion.

Sources:

• California Penal Code § 518

EXAMPLE

John, a business owner, is approached by an individual who threatens to release damaging information about the company’s financial practices unless John pays a substantial sum of money. The individual asserts that failure to comply with the demands will result in the release of the information to the media, potentially causing reputational harm and financial loss to the company. John, feeling coerced and intimidated, reluctantly agrees to the demands and makes the payment to prevent the release of the damaging information. In this scenario, if the individual making the threat is apprehended and charged, they could potentially be prosecuted for extortion under California Penal Code Section 518 PC due to the act of coercing money from John through threats of exposing damaging information.

PENALTIES, PUNISHMENT, AND SENTENCING

Extortion under Penal Code 518 PC is a felony offense in California. The potential penalties for this offense can include up to 4 years in a California state prison, a maximum fine of $10,000, and formal felony probation. Aggravating factors such as a victim’s mental or physical impairment could lead to additional prison time. Additionally, involvement in gang activity connected to the extortion offenses may lead to a felony conviction being considered a “strike” under California’s three-strikes law. Furthermore, a felony conviction in California results in the loss of the right to own or possess a firearm.

DEFENSES

Our defense lawyer has several legal strategies at their disposal when contesting a charge of extortion. These strategies include demonstrating that no force or threats were used, arguing that the accused has been falsely accused, and contending that the victim did not fulfill the agreed-upon act.

• Firstly, it is a valid defense to claim that no force or threats were employed. Extortion charges require the presence of threats or the use of force, so if the accused can prove that they did not make any threats or use force, this defense can be raised. For instance, if the accused simply requested money without making any threats, this argument can be presented.
• Secondly, false accusations of extortion are relatively common. The motive behind false accusations can range from jealousy and revenge to ill will towards the accused. Thus, a defense lawyer can argue that the accused party is being unjustly blamed and provide evidence to support this claim.
• Additionally, in order to be found guilty of extortion, the victim must actually perform the act that they originally consented to do. The offense is contingent upon the injured party giving up their money or property. If the victim fails to fulfill the agreed-upon act, the defense can argue that the accused cannot be held responsible for extortion. It is worth noting, however, that attempted extortion may still be applicable in these cases.

In conclusion, a defense lawyer can employ various legal strategies to contest a charge of extortion. These strategies involve disproving the use of force or threats, demonstrating that the accused has been falsely accused, and arguing that the victim did not fulfill the agreed-upon act.

IMMIGRATION CONSEQUENCES

Conviction of certain crimes in California, such as “crimes involving moral turpitude,” can have negative immigration consequences for non-citizens. In such cases, individuals may face deportation or be deemed inadmissible to the United States. Extortion is considered a crime involving moral turpitude in California. While a California court case has labeled extortion as such, it is essential to note that the case pertained to the disbarment of an attorney rather than specifically addressing the deportation of a non-citizen. It is crucial for non-citizens to understand that being convicted of a crime involving moral turpitude, like extortion, can lead to unfavorable immigration outcomes. Seeking legal guidance from an immigration attorney familiar with the implications of criminal convictions on immigration status can help individuals navigate these complexities and explore potential defense strategies. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

EXPUNGEMENT

If convicted of extortion, it is not possible to have the conviction expunged due to the law’s restriction on expunging crimes that result in a prison sentence.

RELATED CRIMES

• Penal Code 422 PC – criminal threats,
• Penal Code 207/209 – kidnapping,
• Penal Code 137 PC – bribery,
• Penal Code 211 PC – robbery,
• Penal Code 487 PC – grand theft,
• Penal Code 459 PC – burglary.
• Penal Code 526 PC – Extortion by fake court order
• Penal Code 522 PC – extortion by signature,
• Penal Code 524 PC – attempted extortion,
• Penal Code 532 PC – extortion by threatening letter.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you are facing extortion charges in California, we highly recommend reaching out to an experienced criminal defense lawyer who can thoroughly assess your case and explore all available legal options. Cyrus Tabibnia, from Tabibnia Law Firm, boasts over 19 years of experience in criminal defense law and specifically represents individuals charged with crimes throughout Southern California. Cyrus is well-versed in defending against serious white-collar crimes, including extortion. He can skillfully negotiate with the prosecutor and potentially work towards reducing the criminal charges to a lesser offense. Moreover, he may be able to pursue a pre filing intervention, whereby the prosecution is persuaded not to file charges in court. This proactive approach can significantly benefit your case. To seek Cyrus Tabibnia’s assistance and legal expertise, please contact him at 866-713-2159.