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 York, extortion is considered a serious criminal offense and is classified under the broader category of 'coercion.' According to New York Penal Law Sections 135.60 and 135.65, a person is guilty of coercion in the second degree (a misdemeanor) when he or she compels or induces another person to engage in conduct from which the latter has a right to abstain, or to abstain from conduct in which they have a right to engage, by means of instilling fear that, if the demand is not complied with, the actor or another will perform certain actions, including causing physical injury, property damage, or exposing a secret or publicizing an asserted fact that would subject a person to hatred, contempt, or ridicule. Coercion in the first degree (a felony) includes the same elements but involves the instilling of fear that the actor will commit a felony, accuse someone of a crime, or expose a secret that would tend to subject a person to criminal or immigration proceedings. The penalties for extortion in New York can range from probation and fines to imprisonment, depending on the severity of the crime and whether it is prosecuted as a misdemeanor or a felony. Additionally, extortion is also a federal crime under 18 U.S.C. §872 to 18 U.S.C. §876, which can lead to federal charges if the act involves interstate or foreign commerce or if it is committed against a federal official.