707-764 Extortion. A person commits extortion if the person does any of the following:

(1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to:

(a) Cause bodily injury in the future to the person threatened or to any other person;

(b) Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;

(c) Subject the person threatened or any other person to physical confinement or restraint;

(d) Commit a penal offense;

(e) Accuse some person of any offense or cause a penal charge to be instituted against some person;

(f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;

(g) Reveal any information sought to be concealed by the person threatened or any other person;

(h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;

(j) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent;

(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person; or

(l) Do any other act that would not in itself substantially benefit the defendant but that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;

(2) Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through (l); or

(3) Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means. [L 1979, c 106, pt of 1; am L 2001, c 33, 3; am L 2008, c 147, 4]


Case Notes


In RICO action, plaintiff did not satisfy essential element of extortion and failed to establish attempted extortion regarding defendant's letter to plaintiff. 855 F. Supp. 1156 (1994).

Court found that plaintiff, a condominium owner, did not present sufficient evidence to create a triable issue of fact as to the intent requirement for a racketeering claim. Even if there was sufficient evidence to create a genuine issue of fact as to whether defendants substantially harmed plaintiff's health, financial condition, or reputation, plaintiff's civil racketeering claim based on alleged extortion also required that defendants obtain or exert control of plaintiff's property with the intent to deprive plaintiff of property by threatening word or conduct. 185 F. Supp. 3d 1247 (2016).

"Legal right to abstain" as an essential component of the offense under subsection (2). 63 H. 105, 621 P.2d 381 (1980).

Substantial direct and circumstantial evidence existed from which jury could have convicted defendant of theft in the first degree by extortion. 64 H. 65, 637 P.2d 407 (1981).

Elements of crime established even though victim did not drop criminal charges against the defendant. 70 H. 245, 768 P.2d 239 (1989).



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