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 Virginia, extortion is defined under Virginia Code § 18.2-59 as an act where an individual unlawfully obtains money, property, or pecuniary benefit from another person by threatening injury to the person threatened or to another, or threatening to accuse them of a crime, or threatening to report them as being illegally present in the United States. Extortion in Virginia is considered a Class 5 felony, which can result in a term of imprisonment ranging from one to ten years, or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for up to twelve months and a fine of up to $2,500, either or both. The method of communication used to commit extortion, whether in person, by phone, mail, electronic means, or otherwise, does not change the nature of the crime. Additionally, under federal law, extortion is criminalized under 18 U.S.C. § 872 to 18 U.S.C. § 876, which also covers threats and demands made through interstate communication or against federal officials. The federal penalties for extortion can include fines and imprisonment, with the severity depending on the specifics of the offense.