What is the Law on Extortion in Nebraska and What are the Punishments for it?
What is Extortion?
Extortion is an act in which someone tries to acquire money or property either by means of violence or charging a person with a crime or by damaging a person’s reputation by leaking private information. The act of extortion is a punishable offense. This article will discuss in details what entails as extortion and what are the punishments for it.
There are four terms to explain extortion:
- Threat: The person who is involved in extortion generally threatens the victim either to injure them or to disgrace them. The person should have the intention to do this. The intentions can be depicted verbally, non-verbally or even through a gesture. However, only a verbal threat cannot be considered as a threatening for extortion.
- Intent: There is an intent that was involved during the crime however only the statements of the defendant are not sufficient. The circumstances and facts should also be considered.
- Fear: When a person is threatened he might experience fear like the fear of injury, loss of property, social status, deportation, etc. However, it is not necessary that if the victim is scared, the accused is guilty.
- Property: Property that has been tried to extort is something valuable. However, it is not necessary that the property is an actual physical property and it can be cash, liquor licenses, agreements, etc. Another type of extortion that is seen is sexual acts and several states have different laws for sexual extortion.
Extortion under Nebraska Legislature
According to Nebraska Legislature:
- A person acquires property, money or any other valuable by using threat is considered theft. The threat can be any of the following:
- a) Causing bodily harm to a person.
- b) Charging a person with a criminal offense.
- c) Disclosing private information causing deformation of the person or his business.
- d) Asking an official to take action or take action as an official.
- e) Continuing strikes and causing other unofficial actions if the demands of the people like money and property for the benefit of a specific group is not met.
- f) Providing information or testifying for other’s legal claim or defense.
- g) Leaking out a person’s intimate images and videos in a public forum without the person’s consent.
- For the subdivisions (1)(b), (1)(c), or (1)(d) of this section an affirmative defense mechanism should be involved as the money or property is obtained by the means of violence, threat, lawsuit or by involving any official.
Punishments for Extortion in Nebraska
Extortion is considered as a felony offense and in the states; felony is a grievous crime for which a person might have to serve a minimum of one-year imprisonment and additional fines.
- Fines: For each conviction, the fine for extortion can be $10,000 or more.
- Compensation: Fines are paid to the state however compensation is paid to the victim. Thus, in addition to fines, a convicted person must also compensate the victim if the victim has lost money or valuable property.
Imprisonment: For extortion, the convict can be sentenced to prison for a period of 15 years or more depending upon the nature of the crime.
- Probation: A convict may be sentenced to probation if there is no loss of property by the victim or there was a failed attempt of extortion. The convict may have to serve a minimum of 12 months probation and follow certain rules as imposed by the state court like not contacting the victim and doing a specific job. If the convict fails to follow the terms, then they might have to serve a prison sentence.