September 14, 2009

Blackmail as a Crime Under California Extortion Law

Most of us have seen classic "blackmail" scenarios in the movies...for example, obtaining compromising photos depicting someone's infidelity and then threatening to reveal them to the person's spouse unless he pays up.

Blackmail as such is prohibited by Penal Code 518: California extortion law. Specifically, Penal Code 518 makes it illegal to use force or threats to compel someone to give you money or other property. This includes threats to accuse the targeted person of a crime, to reveal a secret about him or his family, or to expose him to embarrassment or disgrace.

A person commits blackmail under California extortion law even if he had every right to carry out the threat. For instance, suppose Sally works at Starbucks and notices a coworker stealing money from the cash register. She threatens to report this unless the coworker gives her a cut.

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