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 Massachusetts, extortion is defined under General Laws Chapter 265, Section 25. The law states that whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of a crime or offense, or to do any injury to the person or property of another, with the intent to extort money or any pecuniary advantage, or with the intent to compel any person to do any act against their will, shall be guilty of extortion. This crime is considered a felony in Massachusetts and is punishable by imprisonment in the state prison for up to 15 years, or in a house of correction for up to 2.5 years, or by a fine of up to $5,000, or by both such fine and imprisonment. The method of communication used for extortion, whether in person, by mail, phone, electronic means, or otherwise, does not change the nature of the crime. Additionally, under federal law, extortion is also a criminal offense, as outlined in 18 U.S.C. §872 to 18 U.S.C. §876, which can lead to separate charges and penalties if the act affects interstate or foreign commerce or is committed against a federal official.