California Penal Code Section 518

Definition

Extortion and Blackmail under California Penal Code Section 518, is a criminal offense and it is normally filed as a felony. Extortion and Blackmail is when someone forcefully intimidates another individual for their own benefit.

Example

·         Blackmailing the victim by using the threat of physical injury

·         Blackmailing the victim by using the threat of false accusations that are directed at the victim and/or their family

·         Blackmailing the victim by using the threat to disgrace them or their family

·         Blackmailing the victim by using threat to reveal a private matter about the victim and/or their family

Essentially a perpetrator to this crime will be extorting something to their benefit, like money, an official document, etc. through the use of threat.

Elements of the Crime

In order to take a Extortion and Blackmail CPC 518 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant obtained something that belonged to someone else

·         That the defendant obtained this with the permission of the victim

·         That this authorization was solely given due to the defendant applying force, threat and/or menace

Forms of Extortion or Blackmail

·         Obtaining financial information, money or something of value by threatening the victim or using aggression

·         Obtaining the official seal of approval from an executive officer by threatening the victim or using aggression

·         Obtaining financial information, money or something of value by someone in authority of these valuables

Punishments for CPC 518

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Extortion and Blackmail, it is usually filed as a felony, which is punishable by four  years in prison and a up to ten thousand dollars in fines

Legal Defenses for California Penal Code 518

A good lawyer can present many legal and valid defenses for Extortion and Blackmail charges under California Penal Code 518 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Extortion and Blackmail. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Extortion and Blackmail.

Learn more about other California Section Penal Codes here.