This case had so much going on that there was a 22 count indictment which included degrees of grand larceny by extortion, also attempted extortion, coercion and attempted coercion along with many other related charges. In the second degree, this is a Class C felony with the possibility of up to 15 years in state prison. This level of grand larceny is charged no matter what the value of the property if it was taken by extortion of “ threatening physical injury, damage to another person’s property or abuse of one’s position as a public servant”. §155.40(2) Grand Larceny in the Second Degree Grand Larceny in the Fourth Degree is a Class E felony which can carry a penalty of as high as four years in prison. §155.30(6) Grand Larceny in the Fourth Degreeīasically this is charged when a person commits larceny, not matter what the value of the property, by extortion as defined above. It is extortion when a person obtains property by forcing another person to give the property to the extortionist by creating fear that if the victim does not comply they or someone they know will be physically injured or cause damage to their property. §155.05(2) Definition of Extortion in Grand Larceny They induce the victim to commit a felony or attempt to commit one cause serious personal injury to a person violate their duty as a public servant.Ĭoercion in the First Degree is a Class D Felony.They instill in the victim fear of personal or property damage.This is when a person commits the elements of Coercion in the Second Degree and: Perform any other act that would harm the victim in their health, safety, business, reputation or personal relationships.Ĭoercion in the second degree is a Class A misdemeanor.Use their power as a public servant to harm the victim.Testify or withhold testimony in favor of the victim.Expose a secret or fact that will subject the victim to hatred, contempt or ridicule.Cause someone to be accused of a crime.Engage in other conduct constituting a crime.Their property or that of another might be damaged.Finally, it is coercion in the second degree if the person is forced to join a group or criminal organization they would have a legal right not to join.This coercion has to take the form of instilling a fear in that person that if they do not comply they will: Also this is the charge if a person is coerced into not doing something they have a legal right to do such as perhaps run for public office. This could be a sexual act or even coercing another person to do something. Below are the statutes that apply specifically to coercion and to the crime of larceny by extortion.Ī person is guilty of this charge in the second degree if they have coerced another person to engage in any conduct they could legally abstain from doing. This crime is actually scattered throughout the statutes and anyone accused of any form of extortion will need to talk with an experienced criminal defense attorney so that they can parse out the charges and bring about their best defense. This crime as opposed to the crime of coercion involves taking, obtaining or withholding of property and coercion is making the victim take some ACTION that such as a sexual act or being compelled to join a criminal enterprise or group when the victim could have legally refused to do so.Īlso the crime of extortion can come up in other statutes not listed below, such as bribery of public officials. There is another crime in New York known as larceny by extortion. Coercion as a crime in New York has two degrees. This coercion can be by threat of physical injury, or other types of intimidation such as blackmail. It should be noted that extortion in context of an email or other computer communications is a Federal crime as if violates interstate commerce statutes.Įxtortion is the crime of coercing someone into doing something against their will. extortion can also be cited when someone offers to “protect” someone from harm for payment. The money, property, or service does not have to change hands for an individual to be charged with extortion only the threat of harm for nonpayment or the ceasing of harm for payment. The coercive tactics may include threats or intimations of violence. In short, extortion is when a person unlawfully obtains money, property, or services from a person, institution, or entity through coercion (versus violent means). Your New York Criminal Attorney Will Aggressively Fight Your Extortion ChargeĮXTORTION can be a state or federal crime, depending upon the circumstances.
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