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 Indiana, extortion is considered a serious criminal offense and is defined under Indiana Code IC 35-45-2-1 as 'Intimidation.' This statute covers the act of communicating a threat to another person, with the intent of obtaining property, causing a person to perform or omit an act against their will, or to place a person in fear. The threats can include harm to the person, their property, or reputation, or the threat of exposing any secret which would subject the person to hatred, contempt, or ridicule. Extortion in Indiana is typically charged as a Level 6 felony, which can result in a sentence of 6 months to 2.5 years in prison and a fine of up to $10,000. However, the charge can be elevated to a Level 5 felony if the threat is to commit a forcible felony, which carries a harsher penalty of 1 to 6 years in prison and a maximum fine of $10,000. Additionally, under federal law, extortion is criminalized under 18 U.S.C. §872 to 18 U.S.C. §876, which also prohibits threats made to extort money or something of value, with penalties that can include fines and imprisonment.