Home > West's Encyclopedia of American Law > Extortion

The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

Under the COMMON LAW, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.

Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.

Elements of Offense

Virtually all extortion statutes require that a threat must be made to...