THEFT BY EXTORTION—N.J.S.A. 2C: 20-5
2C:20-5 Theft Extortion
If you’ve been charged with 2C:20-5, you are exposed, if convicted to possible jail time, monetary fines and a criminal record. In my 26 years of practicing criminal law, I have successfully handled many similar types of cases. Please contact me for help at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES OFFENSE:
Your next door neighbor, Reverend Jackson, owns the nicest horse in the County. It’s a beautiful three (3) year old palamino valued at $10,000.00.Your daughter’s birthday is coming up and you know that she would be thrilled to have that horse. You’ve asked Reverend Jackson if he would sell the horse to you but he has declined your offer. Then you learn that Reverend Jackson has been having an ongoing sexual relationship with a sixteen (16) year old girl in his congregation and that she is pregnant with his child. You confront him and demand that he give you the horse or you will go to the media with what you have learned, the implication being that his wife would seek divorce and that the members of his congregation would shun him. He decides to “knuckle under” and give you his horse. Have you just committed a serious criminal offense?
THE ACTUAL LAW 2C:20-5 THEFT/EXTORTION
“A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion. A person extorts if he purposely threatens to:
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against
any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending
to subject any person to hatred, contempt or ridicule, or to impair his credit or
business repute;
d. Take or withhold action as an official, or cause an official to take or withhold
action;
e. Bring about or continue a strike, boycott or other collective action, if the property
is not demanded or received for the benefit of the group in whose interest the actor
purports to act;
f. Testify or provide information or withhold testimony or information with respect
to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is
calculated to materially harm another person.
It is an affirmative defense to prosecution based on paragraphs b., c., d., or f., that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.”
GRADING OF THEFT OFFENSES—N.J.S.A. 2C:20-2(b)
b. Grading of theft offenses.
(1) Theft constitutes an offense of the second degree if:
(a) The amount involved is $75,000.00 or more;
(b) The property is taken by extortion;
(c) The property taken is a controlled dangerous substance or controlled substance analog as defined by N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health care and the amount involved is $75,000.00 or more; or
(e) The property stolen is human remains or any part thereof.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500.00 but is less than $75,000.00;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled
substance analog as defined in N.J.S. 2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less; or
(d) It is from the person of the victim; or
(e) It is in breach of an obligation by a person in his capacity as a fiduciary; or
(f) It is by threat not amounting to extortion; or
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of ant public office or public servant;or
(h) The property stolen is a person’s benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person’s health and the amount involved is less than $75,000.00; or
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens or component thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research; or
(j) The property stolen is a New Jersey prescription blank as referred to in R.S.45:14-14; or
(k) The property stolen consists of an access device or a defaced access device.
(3) Theft constitutes a crime of the fourth degree if the amount involved is at
least $200.00 but does not exceed $500.00. If the amount involved was less
than $200.00 the offense constitutes a disorderly persons offense.
(4) The amount involved in a theft shall be determined by the trier of fact. The
amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
b. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or
that he had a right to acquire or dispose of it as he did;
(3) Took property exposed for sale, intending to purchase or pay for it promptly,
or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that the theft or computer criminal activity was
from or committed against the actor’s spouse, except that misappropriation of
household and personal effects, or other property normally accessible to both
spouses, is theft or computer criminal activity only if it occurs after the parties
have ceased living together.”
The answer to the question is YES. You have arguably violated sections c. and maybe d. of N.J.S.A. 2C:20-5. This offense would probably be charged as second degree offense because it is extortion—however, by dollar amount at issue, it would be a crime of the third degree, punishable, if convicted, by a fine of up to $15,000.00, plus jail time for a minimum of three (3) years and a maximum of five (5) years, presumptive four (4) years and a criminal record. N.J.S.A. 2C:43-3(b). While the offense does require “purposeful conduct”, N.J.S.A. 2C:2-2(b)(1), separating the rightful owner from his property by threatening him does constitute theft by extortion. State v. Stephen Roth, 289 N.J. Super 152 (App. Div. 1996); State v. Bienvenido Casilla, 362 N.J. Super 554 (App. Div. 2003).
If you are convicted of a second degree offense, the sentence would be a monetary fine of up to $150,000.00, plus jail time of not less than five (5) years nor more than ten (10), presumptive seven (7) years, plus a criminal record. N.J.S.A. 2C:43-3(a)
These cases can be extremely serious involving the imposition of jail time, hefty fines and a criminal record. If you are charged with theft by extortion you need to retain the services of a skilled and experienced attorney immediately to obtain a downgrade of the charges or an acquittal.
