Extortion law in Texas is a serious criminal offense that involves coercing someone into giving up money, property, or services through threats, intimidation, or manipulation. Extortion laws in Texas are aimed to protect individuals and businesses from exploitation and abuse.
Defining Extortion in Texas: Under Texas law, extortion is typically referred to as “theft by extortion” and is covered under Chapter 31 of the Texas Penal Code. It is defined as unlawfully obtaining property or services from another person with their consent, induced by coercion or threats. Coercion can take various forms, including threats of violence, harm to reputation, or other detrimental actions intended to compel compliance.
Key Elements of Extortion: To prove extortion in Texas, certain key elements must be established:
- Intent: The prosecution must demonstrate that the defendant acted intentionally to unlawfully obtain property or services from the victim.
- Coercion: There must be evidence of coercion or threats used by the defendant to induce the victim’s consent.
- Obtaining Property: The defendant must have successfully obtained property, money, or services from the victim as a result of the coercion.
Penalties for Extortion in Texas: Extortion is considered a felony offense in Texas and is punished according to the value of the property obtained or sought by the defendant. The penalties for extortion in Texas are as follows:
- If the value of the property obtained through extortion is less than $2,500, the offense is classified as a state jail felony, punishable by 180 days to 2 years in state jail and/or a fine of up to $10,000.
- If the value of the property obtained through extortion is $2,500 or more but less than $30,000, the offense is classified as a third-degree felony, punishable by 2 to 10 years in prison and/or a fine of up to $10,000.
- If the value of the property obtained through extortion is $30,000 or more but less than $150,000, the offense is classified as a second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000.
- If the value of the property obtained through extortion is $150,000 or more, the offense is classified as a first-degree felony, punishable by 5 to 99 years in prison or life imprisonment and/or a fine of up to $10,000.
If a suspect isn’t successful in obtaining the property they may be charged with Attempted Extortion. Attempted crimes in Texas are a lower degree of criminal offense than a completed crime. For example, an Attempted Extortion charge that was for property over $150,000 is a second-degree felony. Had the property been successfully stolen then the crime would be a first-degree felony.
It’s important to note that extortion cases in Texas can be complex and may involve various legal considerations, including the admissibility of evidence, the credibility of witnesses, and potential defenses. Additionally, extortion charges may be accompanied by other related offenses, such as blackmail or coercion, which can further complicate the legal proceedings.
Defenses to extortion charges may include lack of intent, lack of evidence of coercion, or duress (i.e., being compelled to commit the offense under threat of harm or injury).
Extortion is a serious criminal offense in Texas that carries significant penalties. A person accused of extortion should seek the guidance of an experienced criminal attorney to understand their legal rights and options.