California Extortion Laws: Definition, Penalties & Legal Defenses
California Extortion Laws – Penal Code 518 PC
Facing extortion charges in California is a serious legal matter. Under Penal Code 518 PC, extortion—often referred to as blackmail—occurs when someone uses threats, intimidation, or coercion to obtain money, property, or to compel another person (including a public official) to act against their will.
Under extortion laws in California, physical violence is not required. Simply threatening to reveal a secret, accuse someone of a crime, or cause emotional or financial harm can lead to felony extortion charges—even if the threat was never carried out.
Because extortion is considered a crime involving moral turpitude, a conviction can carry severe penalties: up to four years in prison, substantial fines, immigration consequences, and long-term damage to your personal life and career. If you’ve been accused of extortion or attempted extortion, it is critical to speak with a Los Angeles criminal defense attorney as early as possible to protect your rights.
What Is Extortion Under California Law?
Under California Penal Code 518, extortion is defined as the act of using threats, force, or intimidation to unlawfully obtain something of value from another person. This includes money, property, services, or even compelling a public official to act against their lawful duty.
Unlike robbery—which involves taking something by force—extortion relies on coercion. The victim technically gives “consent,” but only under pressure, fear, or threat.
Key Elements of Extortion:
To prove extortion under Penal Code 518, prosecutors must show:
- The defendant used a threat, force, or illegal fear;
- That threat was used to obtain property, money, or influence over someone’s actions (such as forcing a public official to approve a permit or contract);
- The victim consented under duress to give up the item or perform the act.
Extortion vs. Blackmail
While the term “blackmail” is often used informally, California law classifies blackmail as a form of extortion. However, extortion covers a much broader range of threats—not just those involving secrets. For example, threatening to:
- Harm someone or their family;
- Accuse someone of a crime;
- Reveal private, shameful, or embarrassing information;
- Damage a person’s reputation or property;
…all qualify as forms of criminal extortion.
Forms of Threats That Count as Extortion – Penal Code § 519 PC
Under Penal Code 519, California law outlines four specific types of threats that qualify as extortion. These threats don’t need to involve physical force to be considered criminal—the intent to use fear or leverage to gain money, property, or influence an action is enough.
Threat to Cause Unlawful Injury
This includes threats to physically harm the victim, damage their property, or harm someone close to them.
Example: “Pay me $1,000 or I’ll break your windows” is extortion—even if no damage actually occurs.
Threat to Accuse the Victim or Their Family of a Crime
Threatening to report someone (truthfully or falsely) for a crime unless they comply with a demand constitutes extortion.
Example: “Give me your phone or I’ll tell the police you’re dealing drugs” is extortion under PC 519.
Threat to Expose a Secret or Disgraceful Information
This is often referred to as blackmail. It applies even if the secret is true, as long as it’s used to pressure someone into giving up money, property, or performing an act.
Example: “Unless you pay me, I’ll release private photos of you online.”
Threat to Reveal Immigration Status or Similar Personal Info
Using someone’s immigration status or personal situation as leverage—either against them or a loved one—can result in extortion charges.
Example: “Pay me under the table or I’ll report your cousin to immigration.”
Each of these threats can support a felony charge—even if the victim willingly gave up the money or agreed to the demand.
Examples of Extortion Under California Law
Extortion doesn’t just happen in movies or organized crime cases. In California, it shows up in many everyday and high-profile scenarios, including:
- Threatening to leak intimate photos unless the victim pays or stays silent
- Demanding money from a business in exchange for not reporting code violations
- Telling a coworker to pay up or face being falsely accused of workplace harassment
- Forcing a public official to approve a permit or contract under threat of exposure
These examples highlight how extortion can occur in personal, professional, or political contexts. The law focuses on the threat and the intent to gain, not just the result.
Attempted Extortion Is Also a Crime
Even if the extortion attempt fails—or the victim refuses to comply—the act of making the threat itself can still lead to criminal charges. Attempted extortion is prosecuted under the same statute and carries serious penalties, including jail time and heavy fines.
How Extortion Differs from Robbery or Blackmail
Extortion is often confused with robbery and blackmail—but under California law, these are distinct offenses with important legal differences.
Here’s how extortion compares:
| Offense | Key Difference | How It Works |
|---|---|---|
| Extortion | Property or official acts are obtained with the victim’s “consent,” but that consent is coerced through threats. | “Give me money or I’ll release damaging information.” The victim gives up something because of fear. |
| Robbery | Property is taken without consent, usually by force or immediate fear. | A person is held at gunpoint and forced to hand over their wallet. |
| Blackmail | A type of extortion that specifically involves threats to expose secrets or personal information. | “I’ll leak your private messages unless you pay me $5,000.” |
In short:
- Robbery = Taking property by force or fear, without consent.
- Extortion = Using threats to get coerced consent.
- Blackmail = A subset of extortion focused on threats to expose secrets.
Penalties for Extortion and Attempted Extortion
Felony Extortion
- Two, three, or four years in state prison
- A fine of up to $10,000
- Formal probation in some cases
- A permanent felony record
- Restitution to the alleged victim
Attempted Extortion
Attempted extortion—making a threat to obtain something of value, even if unsuccessful—is still a criminal offense under California law. It may be charged as either a misdemeanor or a felony, with penalties that include:
- Up to one year in county jail (misdemeanor)
- 16 months, two years, or three years in state prison (felony)
- Fines up to $10,000
Additional Consequences
- Immigration consequences, including possible deportation for non-citizens
- Loss or suspension of professional licenses
- Civil lawsuits filed by the alleged victim
- Damage to employment prospects, housing, and personal reputation
Legal Defenses to Extortion Charges in California
No Criminal Intent to Commit Extortion
Extortion requires that the defendant acted with the intent to obtain property, money, or a compelled act through the use of a threat. If you made a statement without intending it as a threat—or were misunderstood—then the required element of criminal intent may be missing. For example, making a demand in a heated conversation without the intention to follow through may not qualify as extortion.
False Allegations or Mistaken Identity
In emotionally charged disputes—especially involving money, family matters, or business—people sometimes make false claims of extortion. Other times, the police may arrest the wrong person based on limited or incorrect information. If there is no credible evidence that you made the alleged threat, your defense attorney can expose inconsistencies and attack the reliability of the accusation.
Consent Was Not Coerced by Threat
The prosecution must prove that the victim’s consent to hand over money or perform an act was obtained because of the defendant’s threat. If the victim acted voluntarily or for unrelated reasons—such as to resolve a separate dispute or under mutual agreement—then the charge may not hold. Simply demanding repayment of a debt or requesting action without a threat of harm is not extortion.
No Threat as Defined by Law
California law requires a specific kind of threat—such as a threat to cause injury, reveal a secret, accuse someone of a crime, or expose information that would cause disgrace. If your words or actions do not meet the legal definition of a threat under PC 519, your attorney can argue that the alleged conduct was not criminal.
Entrapment or Unlawful Police Conduct
If law enforcement encouraged you to make a threat or improperly induced you into making a statement, the case may be a result of entrapment. Similarly, if your statements were obtained through coercion, threats, or illegal surveillance, your defense attorney may be able to file a motion to suppress the evidence—potentially leading to a dismissal.
How a Los Angeles Criminal Defense Attorney Can Help
Extortion charges are aggressively prosecuted in California—and they often involve complex legal questions about intent, consent, and communication. Even a misunderstanding or false accusation can lead to felony charges with life-altering consequences.
Working with an experienced Los Angeles criminal defense attorney from the beginning can make a critical difference. We will:
- Investigate the allegations thoroughly to uncover weaknesses in the prosecution’s case
- Challenge the key element of coercion or unlawful threats
- Seek to reduce charges to attempted extortion or a misdemeanor, when appropriate
- Protect your rights in related proceedings—such as civil asset forfeiture or restraining orders
- Prepare a strong, fact-based defense to present in court if necessary
Every extortion case is fact-specific. Our goal is to resolve yours quickly and favorably—whether that means fighting for a dismissal, negotiating reduced charges, or avoiding jail time altogether.
Speak with a Los Angeles Criminal Defense Attorney Today
If you’ve been accused of extortion or attempted extortion under Penal Code 518, the time to act is now. These cases can escalate quickly and carry serious criminal, financial, and reputational consequences.
Attorney Hashemi has over 20 years of experience defending clients against serious felony charges in Los Angeles County. He will personally review your case, explain your legal options, and fight to protect your future.
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