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 New Jersey, extortion is considered a serious criminal offense and is classified under the state's statutes as a form of theft. Specifically, it is addressed under N.J.S.A. 2C:20-5, which defines theft by extortion. The law states that a person is guilty of theft if they purposely and unlawfully obtain property of another by extortion. This includes threats to inflict bodily injury, accuse someone of an offense, expose a secret or publicize an asserted fact to subject a person to hatred or ridicule, or take or withhold action as an official, among other forms of coercion. Extortion in New Jersey is typically prosecuted as a second-degree crime, which can result in a sentence of 5 to 10 years in prison. However, if the extortion involves a threat of physical harm, it may be prosecuted as a first-degree crime, which carries a sentence of 10 to 20 years in prison. Additionally, under federal law, extortion is criminalized by 18 U.S.C. §872 to 18 U.S.C. §876, which can apply if the offense involves interstate or foreign commerce or if the perpetrator is a federal official.