California law takes extortion seriously—especially when it involves coercing someone to sign a document. Under Penal Code § 522 – Extortion of a signature, it is a felony offense to use threats, force, or intimidation to get another person to sign a paper or legal document that could result in a transfer of property, the creation of a debt, or the assumption of legal liability. Even if no money changes hands or no actual loss occurs, the act of obtaining the signature itself under duress is a criminal offense.
What Constitutes a Violation of Penal Code § 522?
To be convicted under PC § 522 – Extortion of a signature, three key elements must be proven:
Threat or Coercion Was Used
The person accused must have made a threat—this could involve physical harm, revealing damaging information, or accusing the victim of a crime.Intent to Obtain a Signature
The threat must have been made with the intent of forcing someone to sign a document that could affect legal or financial rights.Signature Was Obtained
The victim must have signed the document as a direct result of the threat or coercion.
It’s important to note that the crime is complete once the coerced signature is obtained—there’s no requirement for actual property to be transferred or for any further transaction to occur.
Examples of Extortion of a Signature
To better understand how this law applies in real-world situations, here are a few illustrative examples:
A man threatens to expose a coworker’s private medical history unless she signs over rights to a patent.
A woman is forced to sign a check to her ex-boyfriend after he threatens to harm her pet if she refuses.
Someone coerces their elderly parent to sign a will under the threat of abandonment or neglect.
These examples demonstrate that the coercion can be emotional, reputational, or physical—and still qualify under PC § 522.
Penalties for Extortion of a Signature
Violating California Penal Code § 522 is classified as a felony, which carries serious consequences:
2, 3, or 4 years in prison
A fine of up to $10,000
Formal felony probation (in certain cases)
In addition to jail time and fines, a felony conviction can have lasting effects on your life, including:
Loss of firearm rights
Damage to your reputation
Difficulty securing employment or housing
Potential immigration consequences for non-citizens
Because of the severe nature of this crime, prosecutors take it seriously—and so should you.
How Is PC § 522 Different from Other Extortion Laws?
California has several laws dealing with extortion. Here’s how PC § 522 compares:
Penal Code | Offense Description | Felony or Misdemeanor |
---|---|---|
§ 518 | General extortion (money or property) | Felony |
§ 522 | Extortion of a signature | Felony |
§ 523 | Extortion via threatening letters | Felony |
§ 524 | Attempted extortion | Wobbler (can be either) |
§ 526 | Using fake court documents | Misdemeanor |
PC § 522 focuses specifically on the use of threats to obtain a signature, while others may involve gaining money, property, or compliance with a demand.
Common Defenses to PC § 522 Charges
Several legal defenses can be raised against extortion of a signature charges. These include:
1. No Threat Was Made
If there was no threat, force, or coercion, then the element of extortion is not satisfied—even if a signature was obtained.
2. Voluntary Signature
If the person willingly signed the document, even under pressure that wasn’t illegal, the charge may not hold.
3. False Accusation
In some cases, people may falsely accuse others of coercion due to personal disputes, family conflicts, or financial disagreements.
4. Lack of Intent
The prosecution must show that the defendant intended to obtain a signature by using threats or force. If intent can’t be proven, there is no case.
5. Illegal Search or Seizure
If law enforcement obtained evidence through unconstitutional means, that evidence may be excluded, weakening the prosecution’s case.
What to Do If You Are Accused of Extortion
Being accused of extortion—especially under a felony statute like PC § 522—can be life-changing. The stigma of a felony conviction can follow you for years, affecting your personal and professional life. If you’re facing allegations, you should never try to navigate this alone. The right legal strategy and experienced defense can make all the difference.
Contact Southwest Legal Today
If you or someone you love has been accused of extortion of a signature under California Penal Code § 522, you need experienced, aggressive legal representation. The criminal defense attorneys at Southwest Legal understand the seriousness of these charges and will fight to protect your rights and your future.
Call us today for a confidential consultation. Our team is ready to listen, advise, and defend. Whether you’re being investigated or already charged, don’t wait—every moment matters. Southwest Legal – Your Defense. Your Rights. Your Team.