Extortion is the threatening, coercive act of demanding payment, favorable government action from a public official, or another benefit from someone in return for not doing violent, physical harm or injury to the victim or his property, or revealing compromising or damaging information about the victim (whether it is true or false), or causing unfavorable government action against the victim or his interests. Extortion (sometimes referred to as the crime of coercion or blackmail) is a criminal offense in all states and under federal law.
Extortion can occur in person, by telephone, by U.S. mail, by e-mail, by text message, through social media, or by other means of communication.
The definition and penalties for the crime of extortion vary from state to state—in some states blackmail is part of the criminal offense of extortion, and in some states blackmail and extortion are separate criminal offenses.
The crime of extortion may be prosecuted as a felony in some states—with potential prison time—or as a misdemeanor eligible for probation. The crime of extortion is usually located in a state’s statutes. And extortion is also a crime under federal law. See 18 U.S.C. §872 to 18 U.S.C. §876.
In Kansas, extortion is considered a serious criminal offense and is defined under Kansas Statutes Annotated (K.S.A.) 21-5428. The crime involves unlawfully obtaining money, property, or any advantage by threatening to inflict harm, expose secrets, or take or withhold action as a public official. Extortion in Kansas is typically charged as a severity level 7, nonperson felony, which can result in substantial fines and imprisonment. The specific penalties depend on the circumstances of the crime and the criminal history of the offender. It is important to note that both state and federal laws prohibit extortion, with federal law addressing extortion under 18 U.S.C. §872 to 18 U.S.C. §876, which can apply when the crime involves federal officials, interstate communications, or other federal jurisdictions. Penalties under federal law can also be severe, including fines and imprisonment. Individuals facing extortion charges or victims of extortion should seek the advice of an attorney to understand their rights and the legal process.