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April 26, 2005

Definition of extortion?

Let's say I find a human finger in my Wendy's chili. Let's suppose that I didn't put it there, and I have no idea how it got there.

Then I call Wendy's corporate headquarters, and say, "Hey, I found a finger in my chili. I'm really upset. I'm about, let's say, $400,000-worth upset. Make me not upset or I'll tell everyone about the finger."

My question—is this extortion? What is extortion, anyway, legally speaking?

From FindLaw:

518. Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.
519. Fear, such as will constitute extortion, may be induced by a threat, either: 1. To do an unlawful injury to the person or property of the individual threatened or of a third person; or, 2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or, 3. To expose, or to impute to him or them any deformity, disgrace or crime; or, 4. To expose any secret affecting him or them....

So?

520. Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment in the state prison for two, three or four years.

Guilty, or not guilty?

Posted by tplambeck at 04:22 PM

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