The notion of extortion It comes from the Latin extortion. This is called the Pressure that one individual exerts on another to force him to act in a certain way and, in this way, obtain an economic or other benefit.
Extortion may consist of threats, intimidation or assaults with the purpose of bend the will or desire of the victim. It’s about a crime and, as such, it is punishable by law.
Due to its characteristics, extortion is part of the multi-offensive crimes because it attacks more than one legal asset. It not only affects one property of the victim, but also their freedom and their physical integrity.
It is possible to recognize different aspects in an extortion. At first, the victim was intimidates and I know it obliges to act in a way that is not what you want. Then the extorted, forced by the situation, performs the action required, achieving the extortionist a benefit thus.
Suppose a man go to his neighbour with a lover. Willing to profit from that discovery, he tells the neighbor that, if he does not start to pay him 1000 pesos a month, he will tell his wife about his infidelity. This practice constitutes extortion.
In recent years, cases of sexual extortion, also called sextortion. This crime is carried out by a person who has in his possession photos or videos of another subject who is naked or carrying out a sexual act. In exchange for not disseminating the material on the Internet, it requires you to money, specifying the extortion.
Extortion is a figure found in the group of so-called seizure offenses, since there is no mood of profit, and also in that of fraud crimes, since it is necessary for the taxpayer to consistently participate in a business or legal act, or to omit it. It is also correct to say that extortion is a crime of conditional threats, because the legal business is carried out after the active subject exerts a coercion on the liabilities.
Here the term comes into play coercion, which is widely used in the legal and forensic fields, as well as blackmail, and that is why it is necessary to point out the similarities and differences between these two and extortion. In the first place, we can say that the three are framed in a criminal typology that can carry criminal sentences ranging from one to five years of imprisonment, if the authorities can prove them.
While these three crimes can be equally intolerable and harmful to those who suffer them, for legal purposes there are clear differences between them. In the case of coercion, a subject performs an act voluntarily but after having been intimidated on the other, which usually leads to the theft or theft of a property (whether movable or immovable) from a third party. It is important to underline that this action is considered “voluntary” but it is not equivalent to a crime planned and carried out with total freedom of choice, since there is a threat that impels it.
With respect to blackmail, it is a process carried out by a person to obtain benefits by threatening a third party to disseminate certain information or to defame them. It is not easy to find clear differences between the three crimes, although extortion is the only one that can be plural, while coercion is usually direct, and blackmail is the less violent of the two, since it is usually consummated simply by making use of the word. The authorities must carefully examine each case to understand which of these crimes they have in front of them.