Criminal Law: Crimes against property - Extortion + False pretenses

Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offense; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion.

Extortion is sometimes called the "protection racket" because the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties; though often, and almost always, such "protection" is simply abstinence of harm from the same party, and such is implied in the "protection" offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the demanding and obtaining of something through force, but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.

The term extortion is often used metaphorically to refer to usury or to price-gouging, though neither is legally considered extortion. It is also often used loosely to refer to everyday situations where one person feels indebted against their will, to another, in order to receive an essential service or avoid legal consequences. Neither extortion or blackmail requires a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion. Such threats include the filing of reports (true or not) of criminal behavior to the police, revelation of damaging facts (such as pictures of the object of the extortion in a compromising position), etc.

In law extortion can refer to political corruption, such as selling one's office or influence peddling, but in general vocabulary the word usually first brings to mind blackmail or protection rackets. The logical connection between the corruption sense of the word and the other senses is that to demand bribes in one's official capacity is blackmail or racketeering in essence (that is, "you need access to this resource, the government restricts access to it through my office, and I will charge you unfairly and unlawfully for such access") Extortion is also known as shakedown, and occasionally exaction.

In criminal law, property is obtained by false pretenses when the acquisition results from intentional misrepresentation of a past or existing fact.

Elements.

The elements of false pretenses are:

a false representation

of a material past or existing fact

which the person making the representation knows is false

made for the purpose of causing

and which does cause

the victim to pass title

to his property.

False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property - some statutes include intangible personal property and services. For example, the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property. That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.