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Theft involves dishonestly taking movable property without the owner's consent, while extortion entails obtaining property, money or services through coercion and threats. The intent, presence of fear, delivery of property, involvement of force and the element of consent differ between the two offences.
The CPC also contains felony offenses related to Extortion: Bribery (§§67-68), Kidnapping (§§207, 209-210), Robbery (§211), Carjacking (§215) and Burglary (§459).
A prosecutor must prove that you made a threat to another person to secure their property or monetary gain. There must be more than a threat present to face a criminal charge. The intent is the key to proving extortion. Additionally, the party who faced a threat will have to comply with the requests.
There are four elements to extortion: The defendant received property or money from the victim, the property was received as result of one of the previous threats mentioned, the threat was made in order to receive money or property, and the demand for property or money is illegitimate.
Penalty for Extortion Unlike other Theft Crimes, the seriousness of the charge does not depend on the value threatened or received. Extortion, under N.J.S. 2C:20-5, is a Crime of the Second Degree, punishable by 5 to 10 years in prison, and up to a $100,000 fine. Prosecutors take extortion charges seriously.