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 Montana, extortion is defined as obtaining or attempting to obtain property or services by means of a threat to inflict harm or to accuse someone of a crime, among other things. This is outlined in the Montana Code Annotated (MCA) under Title 45, Chapter 5, Part 2, which deals with offenses against the person. Extortion is considered a serious crime and is typically charged as a felony, which can result in significant prison time upon conviction. The specific statutes may define various forms of threats that constitute extortion, including physical harm, property damage, or exposing information. Additionally, under federal law, extortion is criminalized under 18 U.S.C. §872 to 18 U.S.C. §876, which also covers threats made through the mail, interstate commerce, or other federal jurisdictions. The federal statutes address similar forms of coercion and threats, and convictions under federal law can lead to severe penalties, including imprisonment. Whether prosecuted at the state or federal level, the severity of the penalties often depends on the circumstances of the case, including the amount of money or value of property involved.