Defining Extortion in the Florida Context
The State of Florida Statutes define Extortion as the unlawful taking or threat to take the property of another. Specifically, Florida Statute §812.031, titled Robbery and related crimes, states:
1. "Extortion" means the unlawful taking of any money or property by any means from a person with his or her consent induced by wrongful use of the threat of force, violence, or economic or other duress.
2. "Blackmail" means obtaining property to which the blackmailer is not entitled by wrongful use of actual or threatened force, violence, or economic or other duress .
(Clearly, the State Statute is unclear as to what Blackmail is, as if you were to read the statute, you would not find anything differentiating it from Extortion…)
The terms "Extortion" and "Blackmail" appear to be interchangeable in the Florida Statutes, but when dealing with cases, they can be very different in their applications. The definitions do differ in one way (as noted above) from the Criminal Law perspective. For example, when someone goes to the police to report Extortion or Blackmail, the prosecution will generally consider the threats made by the accused to determine the degree of severity, (1st Degree vs. 2nd Degree or 3rd Degree).
Penal Consequences of Extortion Under Florida Law
In the state of Florida, extortion is generally considered a third-degree felony unless there are particularly aggravating circumstances that lead a prosecutor to charge it as a second-degree felony; however, this is quite a rare circumstance. In most cases, when someone is found guilty of extortion in Florida, they will be facing a fine of up to $5,000, up to five years in prison and/or five years of probation/parole.
If the offender happens to have a criminal record on their rap sheet, this can lead to harsher penalties of up to 15 years in prison if the third-degree felony is upgraded to a second-degree felony. This is generally reserved for those who have faced prior convictions of robberies, kidnappings, sexual offenses, aggravated assaults, aggravated batteries, aggravated stalking, home invasions, carjackings or similar violent crimes. The fine associated with a second-degree felony is substantially higher than that of a third-degree felony, reaching up to $10,000.
Even in a third-degree felony case in which the accused person has no criminal record, it is important to have an experienced criminal defense attorney representing them who can likely mitigate the damage to a greater degree than the original charges.
How to Effectively Defend Against Extortion Charges
Prosecutors in criminal extortion cases have the burden of proving all elements of the crime beyond a reasonable doubt. If the defendant has credible defenses that prevent the jury from reaching a unanimous verdict, then the defendant cannot be convicted. Expert legal analysis and advice from an experienced attorney ensures that all of your possible defenses are addressed before you set foot in the courtroom. There are a variety of potential defenses to extortion, including:
The Claim Did Not Involve an Official Action: One of the elements of the crime of extortion is that the alleged extorter allegedly sought some action from the alleged victim’s employer. If the defendant claimed that he/she would take adverse action against the victim unless the victim complied with a demand, for example, the extortion statute does not apply. Conversely, if the defendant threatened to take such action against the victim’s loved one, the statute applies.
The Threat Was Not "Wrongful": The statute requires that the act for which the alleged extorter sought remuneration was wrongful. A person seeking a lawful act cannot be guilty of extortion and any person who acts under a claim of right cannot be guilty of extortion. For example, threatening to file a nuisance abatement action against someone, knowing that the case may have minimal costs associated with it, is not extortion even if the plaintiff in the court case is requesting reimbursement of his or her reasonable attorneys’ fees.
The Defendant did not Require Remuneration for His or Her Own Benefit: Under current law, a person cannot be guilty of extortion unless he or she seeks remuneration. If the alleged extorter is seeking money to benefit another, there can be no extortion.
Case Law and Judicial Guidance on Extortion
Considerable importance has been given in the Florida courts to the interpretation of Florida Statutes 836.05 and 836.06. In an early case, State v. Applegate, 125 So. 2d 769 (Fla. 1960), the Supreme Court of Florida said that "extortion is generally used to coerce a person to part with his property by means of wrongful use of actual or threatened force, violence or fear". Later, the same high Court said in the case of State v. Pinder, 90 So. 2d 50 (Fla. 1956) that: "In extortion of property under Section 836.06, Florida Statutes 1941, the force or threat may be ‘obtaining or retaining’ the property; in extortion of a signature or handwriting under Section 836.05, Florida Statutes 1941, the ‘threat’ must be ‘to cause another to execute any writing or a blank of paper, to his prejudice, or for the benefit of another, with intent to injure the person to whom the writing or paper is offered, or the public in general’. See also Akins v. State, 33 Fla. 207, 14 So. 1, 2 (Fla. 1894). To obtain a conviction under either statute requires a showing of a demand, assertion of a right to money or property, and threat to inflict injury in case such right is not conceded (the threat may be that of a criminal prosecution or other course of conduct involving injury to the person or to his property or reputation; but in extortion of a handwriting the threat must be to cause the victim to execute some writing with intent to injure another or the public). See also Keith v. State, 60 Fla. 160, 53 So. 469 . It does not appear to be an element of the offense under Section 836.06 that the money or property is demanded as the consideration for a quasi-contractual obligation. See Keith v. State, 60 Fla. 160, 53 So. 469; State of Florida v. Wilkerson, 335 So. 2d 879. We think the manifest intention of the statute was to proscribe a use of force or a threat of force to extort money or property rather than to prevent the victim from taking a lawful action." (Smith v. State, 505 So. 2d 901 (Fla. 1987). Also see, Smith v. State, 465 So. 2d 1087 (Fla. 1985) and Sussman v. State, 90 So. 2d 611 (Fla. 1956). An interesting point in Sussman is illustrated by the prosecutor’s remarks "The gentleman says to the woman, ‘Now that I have the passport, and you haven’t had it for 30 days, if you want your passport, you better come up with that five hundred dollars; otherwise I’ll throw up the divorce.’ … Now the only purpose there was (sic) for him to have her passport was so that he could extort money from her for the purpose of getting his rights under a divorce case." There are many examples of "quid pro quo" situations being ruled as extortion by Florida courts. Contrast the situation above with the holding of DeBye v. State, 132 Fla. 496, 182 So. 225 (Fla. 1938), where it was said that when defendant entered into a consent order to pay alimony, that action did not "indicate a willingness to pay. The payment was required by the court … [and] that the fact that the defendant paid was not evidence of a willingness to pay."
Procedures for Reporting Extortion Activities
Victims of extortion in Florida should report the matter as soon as possible to law enforcement. The FBI investigates many criminal matters, such as bank fraud, that often involve extortion of a company or an individual for money or information. A victim may report extortion to the FBI, to a local law enforcement agency, or the Police Department.
A complaint can be filed on the FBI’s website (www.FBI.gov), on the Internet Crime Complaint Center’s website (www.IC3.gov), and over the phone by calling a local FBI field office. If the extortion is from a former employee within a company, the employer should also preserve evidence of the extortion (texts, photographs, e-mails, etc.) in a way that preserves forensically recoverable data, in case a subsequent investigation is needed. If a company has become the victim of extortion, it may also be appropriate for the company to retain a lawyer for advice as to what to do next.
In any case, however, an extortion victim should avoid paying the extortionist until it has contacted law enforcement and consulted with an attorney, even if the suspect is threatening bodily harm. In most cases, giving the extortionist money simply results in the extortionist demanding more money.
Importance of Legal Counsel in Extortion Cases
Regardless of whether you are the victim of extortion or have been charged with extortion, seeking legal assistance from a qualified Fort Lauderdale criminal defense lawyer is crucial. A knowledgeable attorney will have experience handling extortion cases and will be able to help you proceed strategically, while informing you of your rights and the potential ramifications of your alleged actions.
If you are being harassed or blackmailed for money or property, a lawyer can help you go about properly reporting the situation to authorities in order to stop the perpetrator. It may also be possible to recover lost funds or stolen property through a restitution order from a court of law.
If you’ve been accused of extortion , an attorney can help you avoid making statements that could further incriminate you and will begin investigating as soon as possible in order to build a strong defense. Your lawyer might be able to obtain exculpatory evidence or witnesses that support your version of events. Even if the extortion was in jest, which sometimes occurs in cases of college hazing or other "pranks," serious criminal charges could still apply, and an attorney can help you avoid a criminal record and jail just for being "in the wrong place at the wrong time."