{"id":12863,"date":"2018-02-01T06:00:17","date_gmt":"2018-02-01T06:00:17","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12863"},"modified":"2018-02-01T06:10:01","modified_gmt":"2018-02-01T06:10:01","slug":"extortion-the-unlawful-taking-by-an-officer-of-the-law-by-color-of-his-office-of-any-money-or-thing-of-value-that-is-not-due-to-him-or-the-taking-of-more-than-is-due-or-the-taking-of-money-befor","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12863","title":{"rendered":"Extortion – the unlawful taking by an officer of the law, by color of his office, of any money or thing of value not due to him, or taking more than is due, or taking it before it is due"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Types of Crimes and Corresponding Laws<\/a> >>>> Color of Law Crimes<\/a>:<\/span>
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extortion<\/span>:<\/span><\/strong>
\nn<\/em>. (14c)<\/span><\/p>\n

1. Oppression under color or right; the criminal offense of obtaining money or other valuable thing by compulsion, actual force, or force of motives applied to the will; more technically defined as the unlawful taking by an officer of the law, by color of his office, of any money or thing of value that is not due to him, or the taking of more than is due, or the taking of money before it is due.\u00a0 Bush v State<\/em>, 19 Ariz 195, 168 P 508; 31 Am J2d Extort \u00a7 1<\/span>.
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A method of abuse of process.\u00a0 1 Am J2d Abuse P \u00a7 12<\/span>.<\/strong> [1]<\/span><\/p>\n

1. The criminal offense of obtaining money or other thing of value by duress, force, threat of force, fear, or color of office.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See also coercion<\/em>; duress<\/em>; intimidation<\/em>. [2]<\/span><\/p>\n

1. The offense committed by a public official who illegally obtains property under the color of office; especially, an official\u2019s collection of an unlawful fee.<\/strong>\u2014 aka common-law extortion<\/strong><\/em><\/span>. [3]
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\u00a0\u00a0\u00a0 Excerpt from\u00a0Rollin M. Perkins & Ronald N. Boyce’s Criminal Law<\/em><\/a> (3d ed. 1982):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe dividing line between bribery and extortion is shadowy.\u00a0 If one other than the officer corruptly takes the initiative and offers what he knows is not an authorized fee, it is bribery and not extortion.\u00a0 On the other hand, if the officer corruptly makes an unlawful demand which is paid by one who does not realize it is not the fee authorized for the service rendered,’it is extortion and not bribery.\u00a0 In theory it would seem possible for an officer to extort a bribe under such circumstances that he would be guilty of either offense whereas the outraged citizen would be excused.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

2. The act or practice of obtaining something or compelling some action by illegal means, as by force or coercion.<\/strong> \u2014 aka statutory extortion<\/span><\/strong><\/em>. \u2014 extortionate<\/strong><\/em><\/span>, adj<\/em>. [3]
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\u00a0\u00a0\u00a0\u00a0 Excerpt from James Lindgren’s \u201cBlackmail and Extortion,”<\/em> in Encyclopedia of Crime and Justice<\/em><\/a> (Sanford H. Kadish ed., 1983):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThe distinction traditionally drawn between robbery by intimidation and blackmail or extortion is that a person commits robbery when he threatens to do immediate bodily harm, whereas he commits blackmail or extortion when he threatens to do bodily harm in the future.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

Federal Laws against Extortion:<\/span><\/strong><\/p>\n

18 U.S.C. \u00a7 872<\/span><\/a> – Extortion by officers or employees of the United States<\/span><\/strong><\/p>\n

Related Terms:<\/span><\/strong><\/span><\/p>\n<\/div>\n

extort <\/span>–<\/strong> vb<\/em>. (15c) 1. To commit the offense of extortion.<\/strong> [1] 1. To compel or coerce (a confession, etc.) by means that overcome one\u2019s power to resist.\u00a0 2. To gain by wrongful methods; to obtain in an unlawful manner; <\/strong><\/span>to exact wrongfully by threat or intimidation.<\/strong> \u2014 extortive<\/strong><\/em><\/span>, adj<\/em>. [3]
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\u00a0extorsively <\/span>– With intent to commit the crime of extortion. Leeman v State<\/em>, 35 Ark 438<\/span>.<\/span><\/p>\n

Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum<\/span> – Extortion is a crime when anyone under color of office extorts that which is not due, or more than is due, or before the time when it is due.<\/span><\/strong><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]<\/span><\/strong>: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations <\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[2]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[3]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/em><\/a><\/span> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span> <\/strong><\/p>\n

[4]: Rollin M. Perkins & Ronald N. Boyce, Criminal Law<\/em><\/a> 538 (3d ed. 1982).<\/span><\/strong><\/p>\n

[5]: James Lindgren, \u201cBlackmail and Extortion,”<\/em> in 1 Encyclopedia of Crime and Justice<\/em><\/a> 115, 115 (Sanford H. Kadish ed., 1983).<\/span><\/strong><\/p>\n

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