Extortion is a serious criminal offense in California and is often misunderstood due to how broadly it can apply. While many associate it with organized crime or threatening letters, extortion can occur in many everyday situations, including business disputes, personal relationships, or even digital interactions. Under California law, extortion doesn’t require physical violence—it can be based on fear, threats, or abuse of power. This guide breaks down California Penal Code § 518, what constitutes extortion, examples, penalties, possible defenses, and how it compares to related crimes.
What Is Extortion Under California Law?
California Penal Code § 518 defines extortion as the act of obtaining money, property, or anything of value from another person through the use of force, fear, or under the guise of official authority. The key feature of extortion is that the victim gives consent, but only because they were threatened or felt intimidated. This sets extortion apart from robbery, which typically involves taking something without consent.
In addition to money or property, the law recognizes “anything of value” to include actions, services, or even sexual conduct. This means that threats used to gain sexual favors or explicit photos—sometimes called “sextortion”—also fall under the scope of extortion under California law.
Elements of the Crime
For a person to be convicted of extortion under Penal Code 518, the prosecution must prove several critical elements:
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The accused made a threat or used force.
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The purpose of the threat was to obtain money, property, or to compel an action.
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The victim gave consent, but only because of fear or pressure.
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The accused intended to benefit from this coercion.
These elements must all be present for a valid conviction. Without actual intent or some form of threatened harm, a case of extortion may not be successfully prosecuted.
Common Examples of Extortion
Extortion can happen in a variety of situations. Some real-life examples include:
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Threatening to expose a damaging secret about someone unless they pay money.
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Forcing someone to sign a contract under threat of violence or public humiliation.
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A public official demanding payment or favors in exchange for performing—or not performing—a government duty.
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Threatening to report someone’s immigration status unless they provide money or services.
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Sending messages demanding sexual content under threat of exposing personal images or information.
These examples illustrate how wide-ranging extortion can be and why it’s treated seriously under California law.
Penalties for Extortion in California
Extortion is charged as a felony in California. The penalties include:
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Two, three, or four years in state prison.
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Fines of up to $10,000.
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Formal felony probation in some cases.
A felony conviction can have long-lasting effects beyond prison and fines. These may include loss of the right to own firearms, damage to reputation, barriers to employment, and the inability to hold certain licenses. In some cases, the crime may also be considered a “strike” under California’s Three Strikes Law, which can significantly increase penalties for future offenses.
Attempted Extortion and Related Offenses
Even if extortion is not completed—meaning the person makes a threat but does not receive money or property—it can still be charged as attempted extortion. Attempted extortion can be a misdemeanor or felony, depending on the circumstances. Misdemeanor charges may result in up to one year in county jail, while felony charges could lead to up to three years in prison.
Other related crimes include:
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Extortion by threat of letter or email (such as a blackmail letter).
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Obtaining a signature through threats (e.g., forcing someone to sign over property).
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Using electronic communication to demand payment or personal content.
These related offenses are prosecuted similarly and are designed to prevent coercive behavior in all its forms, especially in digital spaces where threats may be more difficult to trace.
Possible Legal Defenses
There are several defenses that may be used to fight extortion charges. These include:
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No threat was made: The accused did not threaten the victim, or the statement was misinterpreted.
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No wrongful intent: The accused had no intention to obtain money or property illegally.
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Consent was not coerced: The victim willingly gave the item or service without being influenced by fear.
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False accusation: The person bringing the charges may be lying or acting out of revenge.
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Insufficient evidence: The prosecution does not have enough proof to show that extortion occurred.
In some cases, the accused may be able to show that their actions were protected speech or part of a legitimate negotiation, which can help in dismissing or reducing the charges.
Blackmail vs. Extortion
While blackmail and extortion are often used interchangeably, blackmail is technically a form of extortion that involves threats to reveal private or embarrassing information. Under California law, both are prosecuted under Penal Code 518. The distinction is mainly in the type of threat made:
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Extortion includes threats of violence, property damage, or abuse of power.
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Blackmail focuses on the threat to expose secrets unless demands are met.
Regardless of the label, the legal consequences are generally the same.
Sextortion and Cyber Extortion
Recent updates to California’s extortion laws have expanded the definition to include digital forms of coercion. Sextortion, where someone demands sexual images or favors under threat, is a growing concern. This form of extortion often happens through social media or messaging apps, making it a priority for law enforcement.
Cyber extortion can also involve hacking, ransomware, or threatening to release private data unless payment is made. These modern crimes are handled under the same laws, but may also involve additional federal charges in severe cases.
Other Consequences of an Extortion Conviction
Beyond the court-imposed penalties, being convicted of extortion can lead to other serious consequences, such as:
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Deportation or denial of citizenship if you’re not a U.S. citizen.
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Disqualification from holding public office or certain types of employment.
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Loss of professional licenses, including those for lawyers, doctors, or contractors.
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Civil lawsuits from the victim, including financial restitution.
Because extortion is considered a crime of moral turpitude, it can also damage your reputation and future opportunities significantly.
Final Thoughts
Extortion under California Penal Code § 518 is a felony offense that encompasses a wide range of behaviors—from physical threats to digital blackmail. Whether it involves demanding money, services, or actions through fear or coercion, the law provides clear consequences for those found guilty. Understanding what constitutes extortion, how it’s proven, and what defenses exist can help individuals protect their rights and avoid unintended legal risks.
If you’re facing allegations of extortion or believe you’re being wrongly accused, it’s essential to act quickly and seek experienced legal representation.
Need Legal Help? Contact Southwest Legal Today
If you or someone you care about is under investigation or has been charged with extortion in California, Southwest Legal is here to help. Our team of seasoned criminal defense attorneys understands the complexities of extortion charges and how to build a strong, strategic defense tailored to your case.
We fight aggressively to protect your rights We offer free, confidential consultations We have a proven track record in defending felony cases across Southern California
Don’t face serious charges alone. Call us today for your free consultation. our future matters—let us help you protect it.
