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Legal Definitions - statutory extortion
Definition of statutory extortion
Statutory extortion refers to the crime of extortion as it is specifically defined and prohibited by a written law, known as a statute. It generally involves unlawfully obtaining money, property, services, or something else of value from another person by using threats, intimidation, or the misuse of official power. The specific types of threats, actions, and circumstances that constitute extortion, as well as the associated penalties, are detailed within the relevant statute.
Here are some examples to illustrate statutory extortion:
Example 1: Threat of Damaging Disclosure
A former business partner threatens to publicly release embarrassing and potentially damaging personal information about a company's CEO unless the CEO pays a significant sum of money to keep the information private. The information, while true, is not illegal to possess but would severely harm the CEO's reputation and the company's stock value.
Explanation: This illustrates statutory extortion because the former partner is attempting to unlawfully obtain money from the CEO by threatening to disclose information that would cause significant harm, an act specifically prohibited by extortion statutes that criminalize blackmail or threats to expose secrets.
Example 2: Misuse of Official Authority
A government official responsible for issuing business licenses informs a new entrepreneur that their application will face "unavoidable delays" and "rigorous scrutiny" unless the entrepreneur hires a specific consulting firm, which is secretly owned by the official's family, for an exorbitant fee.
Explanation: This is an example of statutory extortion, often termed "extortion under color of official right." The official is misusing their public authority and the implied power to cause harm (delay or deny the license) to unlawfully obtain a financial benefit (the consulting fee) from the entrepreneur.
Example 3: Coercion through Intimidation
A local gang leader approaches a small grocery store owner and demands a weekly "protection payment." The leader implies that if the payment is not made, the store might experience frequent "accidents," such as broken windows, shoplifting incidents, or harassment of customers, without explicitly stating the threats.
Explanation: This demonstrates statutory extortion because the gang leader is unlawfully attempting to obtain money from the store owner through implicit threats of harm, damage, or disruption to the business. The intimidation creates an environment of fear and coercion that compels the owner to make payments to avoid the threatened consequences.
Simple Definition
Statutory extortion refers to the crime of extortion as specifically defined and prohibited by a legislative act or statute, rather than by common law. It involves unlawfully obtaining money, property, or services from another person through threats of harm, exposure, or other coercive means, with the precise elements of the offense detailed in the relevant law.