The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. ยง 371.
A person commits the federal offense of extortion if he or she transmits in interstate or foreign commerce any demand or request for ransom or for a reward for the release of a kidnapped person, any threat to kidnap or injure another person, or any threat to injure the property or reputation of another person or to ...
What differentiates these two offenses, however, is that purpose. For Coercion, that purpose is to, in the most general sense, control or manipulate another's actions. For Extortion, that purpose of the speech is to acquire property or otherwise materially benefit at another's expense.
The crime of extortion is defined to exclude lawful bargaining processes; for example, a union official may threaten to call a strike for higher wages. Such threats are criminal only if used to obtain money or property for the personal gain of the actor.
Different types of extortionThreats. The foundation of extortion is making threats, such as: ... Blackmail. Blackmail is probably the most well-known type. ... Cyber extortion. A more recent form of extortion uses computers to reach targets. ... Criminal demographics.
Go to your local police station. Since extortion typically involves threats of future violence rather than immediate violence, you should file your report in person at the police station rather than calling 911.
As you can see, coercion can occur in many different contexts and may be charged as a criminal offense, trigger civil litigation, or invalidate a contract. If you've been charged with a coercion offense, you'll want to seek immediate legal assistance.
Racketeering, often associated with organized crime, is the act of offering of a dishonest service (a "racket") to solve a problem that wouldn't otherwise exist without the enterprise offering the service. Racketeering as defined by the RICO act includes a list of 35 crimes.
In law, coercion is codified as a duress crime. Such actions are used as leverage, to force the victim to act in a way contrary to their own interests. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat.
Generally, extortion statutes require that a threat must be made to the person or property of the victim. The nature of the threatened harm varies by jurisdiction, and it can include bodily harm, damage to property, damage to reputation, criminal accusations, or abuse of a public office.
In some states, including California, an extortion victim can bring a civil action and recover pecuniary and punitive damages from the accused.
To substantiate charges of extortion and frame-up, the evidence must be clear and convincing and should show that the members of the buy-bust team were inspired by any improper motive or were not properly performing their duty. Otherwise, the police officers' testimonies on the operation deserve full faith and credit.