Attempted Extortion – Is There Such a Crime?

Attempted extortion is considered a crime in many states. A person commits the offense by attempting to use force or threats to obtain money or property from another person, even though the other person does not comply with the demand.

In most jurisdictions, a prosecutor can charge this crime as either

• a misdemeanor or
• a felony.

The ultimate decision depends upon

• the facts of the case and
• the criminal history of the defendant.

Our criminal defense attorneys advise clients that there are three effective legal defenses to accusations of attempted extortion. These include the accused showing that he/she:

1. did not use force or make a threat,
2. was falsely accused, and/or
3. was entrapped.

A key element of attempted extortion is intent to commit extortion.

Is attempted extortion a crime in the U.S.?

Attempted extortion is a criminal offense in the U.S. A person commits the crime if:

1. he/she shows a wrongful use of force or threat of violence in order to obtain money or property from another person, and
2. the other person (or alleged “victim”) does not give up the money or property in question.¹

Note that an attempted crime requires both:

1. an intent to commit the targeted crime, and
2. an act falling short of the thing intended.²

This means a person is only guilty of attempted extortion if he/she acted with the intent to commit extortion.

Consider, for example, a person who jokingly pushes another person after being subject to a prank. Here, while the push may be considered a use of force, there is no attempted extortion because the person did not use the push to try and obtain money or property.

In most states, an attempted extortion conviction can result in either a misdemeanor or felony offense.

What is the crime of extortion?

In order for a prosecutor to convict a person of extortion, he/she must prove the following elements of the crime beyond a reasonable doubt:

1. the defendant used actual or threatened force, violence, or fear, and
2. did so in order to obtain property or money from someone else.³

The offense is sometimes referred to as “blackmail.” The crime is completed once the “victim” gives the defendant the money or property sought.

As to the first element above, note that an accused can be convicted of extortion even if he/she did not actually injure the accuser or use force against that person. All that matters is that the defendant threatened to do so.⁴

Most states charge extortion as a felony offense. The extortionist is typically punished with:

• a state prison term,
• substantial fines,
• probation, and/or
• paying victim restitution.

Can a person accused of attempted extortion raise a legal defense?

Any person accused of attempted extortion has the right to challenge the accusation with a legal defense. Three common defenses include the defendant showing that he/she:

1. did not use force or threats.
2. was falsely accused.
3. was entrapped.

As to the first defense, recall that a person is only guilty of attempted extortion if he/she tried to obtain money or property via the use of wrongful force or threats. A defense, then, is for an accused to show that he/she did not use either of these.

As to the third defense, entrapment is a defense often used when a person is arrested by way of an undercover sting. The defense says that an accused was only arrested because he/she was lured into committing a crime. This luring is often completed by a police officer’s:

• pressure,
• harassment,
• fraud,
• flattery, or
• threats.

Potential defenses to attempted extortion charges include entrapment and false accusations.

What is the law in California?

California Penal Code 524 PC is the state’s statute on the crime of attempted extortion. The law says that a person commits the offense when he/she:

1. makes an attempt, by means of any threat, and
2. does so to extort property or money.⁵

Note that a person is only guilty of this crime if he/she acts with the intent to commit extortion.⁶

A violation of PC 524 is a wobbler offense. This means a prosecutor can charge it as either a misdemeanor or a felony.

A misdemeanor conviction is punishable by custody in county jail for up to one year.⁷

A felony conviction is punishable by imprisonment in state prison for up to three years.⁸

Penal Code 518 PC is the California statute on extortion. Per this law, a prosecutor must prove the following to successfully convict a person of the crime:

1. the defendant threatened to do one of the following to the alleged “victim:”
2. use force against him/her, a third person, or his/her property,
3. accuse him/her of a crime or accuse his/her family member of a crime, or
4. expose a “secret” or scandal involving him/her or a family member,⁹
5. when making the threat or using force, the defendant intended to force the “victim” into consenting to give him/her money or property or to do an official act,
6. as a result of the threat, the “victim” did consent to give the defendant money or property or perform an official act, and
7. the “victim” then actually gave the defendant money or property or performed the official act.¹⁰

A violation of this statute is a felony. The crime is punishable by:

• custody in state prison for up to four years, and/or
• a maximum fine of $10,000.¹¹

Legal References:

1. Black’s Law Dictionary, Sixth Edition – “Extortion,” and “Attempt.”
2. Black’s Law Dictionary, Sixth Edition – “Attempt.”
3. Black’s Law Dictionary, Sixth Edition – “Extortion.”
4. See, for example, People v. Stringer (2019) 41 Cal.App.5th 974; and, People v. Anaya (2013) 221 Cal.App.4th 252.
5. California Penal Code 524 PC.
6. People v. Ochoa (2016 DjDAR 9203).
7. California Penal Code 1170h PC.
8. See same.
9. See, for example, People v. Bollaert (2016) 248 Cal.App.4th 699.
10. CALCRIM No. 1830 – Extortion by Threat or Force. Judicial Council of California Criminal Jury Instructions (2017 edition). See also People v. Hesslink (1985) 167 Cal.App.3d 781.
11. California Penal Code 1170h PC.