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 South Dakota, extortion is defined as the act of obtaining property, services, or any advantage by wrongful use of force, fear, or threats, as per SDCL § 22-30A-3. This includes threats of violence, damage to property, or other harm, as well as threats to accuse someone of a crime or expose secrets. Extortion is considered a serious crime and is typically charged as a felony, which can result in significant prison time. The specific penalties for extortion can vary based on the circumstances of the case, such as the value of the property obtained or the severity of the threats used. Additionally, under federal law, extortion is criminalized by 18 U.S.C. § 872, which prohibits the act of extortion by officers or employees of the United States, and 18 U.S.C. §§ 873-876, which cover various forms of blackmail and threats. Federal penalties for extortion can also include imprisonment, fines, or both, depending on the severity of the offense.