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 Utah, extortion is defined as obtaining or exercising control over anything of value of another by threatening to commit any offense, to accuse any person of a crime, to expose any person to hatred, contempt, or ridicule, or to harm the credit or business of any person. This is outlined in the Utah Criminal Code under Section 76-6-406. Extortion is considered a second-degree felony if the value of the property or benefit sought or obtained is or exceeds $5,000, or if the actor causes or threatens to cause physical harm to any person or property damage. Otherwise, it is a third-degree felony. The penalties for a second-degree felony include a possible prison term of one to 15 years and a fine of up to $10,000, while a third-degree felony may result in a prison term of up to five years and a fine of up to $5,000. Additionally, under federal law, extortion is criminalized under 18 U.S.C. §872 to 18 U.S.C. §876, which can involve interstate or foreign communications, and the penalties can include fines and imprisonment. The specific circumstances of the extortion will determine whether state or federal laws apply, and whether the offense is treated as a misdemeanor or felony.