Unlike many crimes, extortion in California can be charged even if no property or money is actually received, as the act of making a coercive threat is itself a prosecutable offense. The stakes are high for individuals accused of extortion, and it’s not just because of the hefty jail sentence and fines associated with a conviction. Extortion is often paired with other crimes, like breach of privacy and offering threats of violence.

However, not all extortion charges are valid. Many innocent people have been charged with extortion under a misunderstanding, or as a result of a threat during a heated legal exchange such as in custody disputes. Just because you’ve been charged with extortion does not mean you are guilty.

Extortion Defense Attorneys in San Diego

If you have been charged with extortion, you need to contact an experienced defense attorney immediately.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your extortion case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Extortion Charges in California

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Extortion under California Law

California Penal Code Sections 518 – 527 cover extortion crimes, its various forms, and related penalties. Mainly, extortion involves obtaining property, money, or something of value from another person through wrongful use of force, fear, or under the color of official right. The act must be completed knowing that it is illegal. In order to be charged with extortion you must have received something in exchange for the threat. Otherwise, the crime is attempted extortion, which carries much milder penalties.

For example:

  • Penal Code Section 518(a) defines extortion as obtaining property or an official act from someone through wrongful use of force, fear, or misuse of authority.
  • Penal Code Section 519 describes specific threats that constitute fear, such as threats to unlawfully injure someone, expose a secret, or report immigration status.
  • Penal Code Section 523(b) includes the modern crime of using ransomware to extort victims.

The law also provides distinctions for certain cases, such as when a person under 18 commits acts involving intimate images or sexual conduct (Penal Code Section 518(c)).

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Jury Considerations in California Extortion Cases

For a defendant to be found guilty of extortion, the prosecution must prove several key elements beyond a reasonable doubt, as outlined in California Criminal Jury Instructions (CALCRIM) 1830:

  1. Use of Threat or Force: The defendant must have threatened to unlawfully injure someone, expose a secret, or accuse someone of a crime—or used force to coerce the victim.
  2. Intent to Coerce Consent: The defendant must have intended to use this fear or force to obtain something of value, such as money, property, or an official act.
  3. Consent Was Given: The victim must have consented to the demand, even if unwillingly or coerced.
  4. Outcome: The victim must have delivered the demanded property, money, or official act as a direct result of the wrongful conduct.

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What Constitutes Fear?

In the context of extortion, fear may be induced by a threat of any of the following:

  • To do an unlawful injury to the person or property of the individual threatened or of a third person.
  • To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime.
  • To expose, or to impute to him, her, or them a deformity, disgrace, or crime.
  • To expose a secret affecting him, her, or them.
  • To report his, her, or their immigration status or suspected immigration status.

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Extortion Penalties Under State Law

Felony extortion, covered under Penal Code Section 520, carries a sentence of two, three, or four years in state prison.

Misdemeanor extortion, prosecuted under Penal Code Section 521, is punishable by up to one year in county jail.

Attempted extortion under Penal Code Section 524 is considered less severe, with penalties including up to one year in county jail, fines up to $10,000, or both.

Extortion involving ransomware, governed by Penal Code Section 523(b), is treated under the same framework as felony extortion.

Aggravating factors, such as targeting an elder or dependent adult, can increase the severity of sentencing, with enhanced penalties authorized by Penal Code Section 525 and Penal Code Section 1170.

In certain cases, particularly for first-time offenders, and especially for younger offenders, judges may consider probation or alternative sentencing options. Diversion programs and non-jail alternatives are more likely to apply in misdemeanor cases.

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Examples of Extortion and Related Offenses in California

Extortion can take many forms under California law, as illustrated by the following examples:

  • Threats of Harm: A person demands money from a business owner, threatening to vandalize the business if the demand isn’t met.
  • Exposure of a Secret: Someone threatens to reveal compromising information about a public figure unless they receive payment.
  • Ransomware Attack: A hacker encrypts a company’s data and demands payment to unlock it, as described in Penal Code Section 523(b).
  • Misuse of Authority: A public official demands a bribe in exchange for issuing a necessary permit or license.

Some crimes share some elements with extortion but are less severe. One such offense in California is attempted extortion, which is addressed under Penal Code Section 524.

Attempted extortion occurs when a defendant attempts to use threats or force to coerce a victim but does not succeed in obtaining the demanded property or act. While still serious, attempted extortion typically carries lighter penalties than completed extortion.

Other related offenses might include crimes like harassment, fraud, or criminal threats (Penal Code Section 422), depending on the specific facts of the case.

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Common Defenses to Extortion Charges

The Defendant Had No Intent to Commit Extortion

For a conviction of extortion, the prosecution must prove beyond a reasonable doubt that the defendant intended to use threats or fear to obtain property or an official act. If there was no intent to coerce, the legal definition of extortion is not satisfied, providing a robust defense. For example, if the “extortion” was meant to be a joke that was taken literally, then the defense could reasonably argue that the reaction was overblown. However, they would also need to show that the average person would have taken what was said as a joke.

The Defendant’s Actions Did Not Involve Threats or Fear

If the alleged conduct did not involve threats, intimidation, or creating fear, it does not meet the criteria for extortion under Penal Code Section 518. Demonstrating the absence of these elements can lead to a dismissal of charges.

The Defendant Had a Legal Claim to the Property

Under the “claim of right” defense, if the defendant believed in good faith that they were entitled to the property in question, their actions may be lawful. This is especially relevant in disputes over owed debts or property rights. For example, saying “If you don’t pay rent, I’m going to kick you out of here myself!” would generally not be considered extortion. Though you may be implying that you will injure the other party if they do not give you money, if you are legally owed rent, then you would generally be well within your rights to make such a demand. However, threatening specific injury is generally not covered under state law.

The Defendant Was Acting Under Duress

When a third party forces the defendant to commit extortion under threats of harm, the duress defense may apply, absolving them of criminal responsibility. This could happen in cases of gang activity; if a person is told to extort another, or their family will be injured, the court may look leniently upon the defendant. However, these cases tend to rely on how well the defense works with law enforcement.

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Extortion FAQ

“Can I be charged with extortion if I didn’t actually receive anything?”
Yes. Penal Code Section 524 allows for charges of attempted extortion, even if the defendant’s demands were unsuccessful.

“Is threatening legal action considered extortion?”
No, unless the threat involves an unlawful demand or abuse of authority. A lawful claim to property or action does not constitute extortion.

“What if the alleged victim consented?”
Consent obtained through fear or force does not negate extortion, as explained in People v. Goodman (1958).

“Does ransomware always qualify as extortion?”
It depends on intent. Penal Code Section 523(b) applies when ransomware is used to demand payment or another consideration. Generally, ransomware counts as extortion when the offending party demands payment in exchange for leaking personal information on the victim’s personal computer or cloud, as in the 2014 iCloud leaks.

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Additional Resources

California Penal Code Section 518: Extortion Laws – This source provides the official text of California Penal Code Section 518, which defines extortion and outlines its elements, including the use of force, fear, or misuse of official authority. Readers can learn about the key provisions and classifications of extortion under California law, along with penalties and related statutes.

AB 1872: Extortion Bill – This source details California Assembly Bill 1872, which proposed expanding the definition of extortion to include threats involving AI-generated content. The bill includes its legislative history, the current status of the bill, and discussions in committee hearings.

Fraud, Waste, and Abuse Hotline – This source outlines the City of San Diego’s Fraud Hotline, a reporting mechanism for cases of fraud, waste, and abuse involving city employees or vendors. It explains how reports are processed, the role of whistleblower protections, and investigative procedures. Readers can learn how to file reports and the types of misconduct covered by the hotline.

San Diego Police Report Alleged Gang Extortion Plot – This article reports on an ongoing police investigation into gang-related extortion in Barrio Logan, San Diego. It details how local businesses were coerced into paying for “protection” through intimidation and threats.

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Hire an Attorney for Extortion Charges in San Diego

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of white collar crime or other theft offenses in California for decades and is ready to build your defense to extortion charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

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