Theft by Extortion 2C:20-5
New Jersey defines the offense of “theft by extortion” as an act to purposely and unlawfully obtain the property of another person by extortion. A variety of behaviors are covered by the category of extortion. Extortion can involve physically harming, confining, or restraining another person. Extortion can involve committing another crime which threatens a victim, such as property damage. Extortion may involve the act of accusing someone of an offense, or causing charges for an offense to be instituted against a person. Extortion may involve exposing a secret or asserted fact about a person. This fact would cause the person to be subjected to hatred or ridicule. The fact could also impair the person’s credit or business reputation.
Extortion may involve taking or withholding action as a government official, or causing an official to take or withhold action. Extortion may also involve causing or continuing a strike or boycott. It is a requirement that the group striking or boycotting not receive a benefit from their action. Extortion can also involve testifying or withholding testimony in a lawsuit. Extortion may involve inflicting another type of harm, which may not be illegal in and of itself. Yet the harm is specifically designed to materially harm the victim. An act that an individual takes to threaten another person, such as hitting them, may be charged as a separate offense.
Extortion is a crime of the second degree. The maximum penalty for a second degree crime is up to 5 to 10 years in prison and a fine up to $150,000. It is an affirmative defense if the property that the actor obtained was owned by the actor, or honestly claimed as restitution or indemnification for harm done by the person giving the property. It is also an affirmative defense if the property that the actor obtained was lawful compensation for property or services owed to the actor.
Theft by extortion is substantially different from a similar-sounding crime, criminal coercion. Criminal coercion involves a threat by the actor to restrict another person’s freedom to engage in or refrain from a course of conduct. Criminal coercion is a fourth degree crime with far less severe penalties. The reason is that criminal coercion typically involves forcing another person to act a certain way. Theft by extortion typically involves a taking of property or money. It can be murky as to which behavior falls under which classification. In general, if an individual is limiting where another person can go and what physical movement they can do, their actions fall under theft by extortion.
In order to prove a charge of theft by extortion, the prosecutor must show that an individual obtained property or money from another person and the property or money was received because of a threat or action by the individual. The prosecutor must also show the threat was made with the purpose of obtaining property or money and there was an invalid or illegal reason for the individual to demand the property or money.
