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 Illinois, extortion is considered a serious criminal offense and is addressed under the Illinois Criminal Code. Extortion involves the unlawful obtaining of property, money, or any advantage from another, with the individual's consent, induced by the wrongful use of force or threat. The threat may involve physical harm, property damage, accusation of a crime, or exposure of a secret. This crime is often prosecuted as a felony, which can result in significant prison time, fines, or both. The specific statutes that cover extortion in Illinois include 720 ILCS 5/12-6 (Intimidation) and 720 ILCS 5/12-6.1 (Compelling Organization Membership of Persons). These statutes outline the elements of the crime and the associated penalties. Additionally, under federal law, extortion is criminalized under 18 U.S.C. §872 to 18 U.S.C. §876, which can apply if the extortionate act crosses state lines or involves federal jurisdiction. Penalties under federal law may include fines and imprisonment, and the severity of the punishment can depend on the circumstances of the crime, including the amount of money demanded or the nature of the threats made.