Theft by extortion is a serious criminal charge that combines elements of theft with threats or coercion. Unlike more straightforward theft crimes, extortion involves influencing someone’s decision through intimidation. The person accused does not have to physically take property by force. Instead, the alleged crime often revolves around words or actions used to pressure the victim into handing over something of value.
This offense can affect people from all walks of life. It is not limited to organized crime or high-profile scandals. A person may face theft by extortion charges in situations involving personal disputes, workplace tensions or financial disagreements. Understanding the legal definition of this offense is an important first step for anyone facing an accusation.
What are the elements of a theft by extortion offense?
The offense of theft by extortion is defined in Georgia law under Section 16-8-16. The statute outlines specific actions that can lead to criminal charges. The person accused must have obtained or attempted to obtain property from another person by making one or more threats. The following elements are generally required:
- Threat of bodily harm or another criminal offense: The accused threatened to cause physical harm or engage in a separate illegal act to gain control of the victim’s property.
- Threat to accuse someone of a crime: The accused used the threat of reporting or fabricating a criminal charge to gain leverage over the victim.
- Threat to harm reputation or credit: This includes threats to reveal embarrassing information or interfere with the victim’s business or financial relationships.
- Misuse of public office: The accused threatened to take or withhold action in an official role for personal gain.
- Threat involving collective action: This covers threats to initiate strikes or boycotts for personal benefit rather than group interest.
- Threats concerning legal testimony: The accused may have threatened to provide or withhold testimony or information in another person’s legal matter.
Obtaining legal guidance can be helpful if you are facing a charge of theft by extortion and want to understand your rights and possible defenses under state law.