Extortion involves obtaining a benefit or forcing another person to take a certain action or inaction through means of coercion. The coercion can involve a range of threats, such as causing bodily or reputational harm.
This is considered a major criminal offense punishable by federal and state laws. If you were charged with a coercion-related crime, contact a Greenville extortion lawyer before speaking with law enforcement.
Based in Greenville, servicing South Carolina and beyond, Ellis Hinton’s experienced federal criminal attorneys stand ready to represent you in your case.
Extortion is a felony criminal offense under S.C. Code § 16-17-640, which refers to the crime as blackmail. A conviction for extortion carries maximum penalties, including up to $5,000 in criminal fines and a ten-year prison term.
According to the statute, someone is guilty of extortion if they make a communication to another person, either verbally, in writing, or electronically, that does the following:
The individual making the communication is guilty of extortion if they threaten to do any of these actions with the intent to extort money or goods.
According to 18 U.S.C. § 873, blackmail is the act of demanding or receiving money or other valuable goods by threatening to expose, or refraining from exposing, a violation of any law in the United States. In contrast with extortion laws, federal blackmail requires explicitly that the threatening information relates to exposing another’s criminal actions.
Federal blackmail is punishable by up to one year imprisonment, according to the statute. However, federal sentencing guidelines allow a judge to increase or decrease this sentence based on the following:
Several other federal laws criminalize certain types of extortion. For example, 18 U.S.C. § 872 prohibits officers or employees of the United States or any department or agency from using their position to commit or attempt an act of extortion. The crime imposes a sentence of up to three years in prison if the amount extorted or demanded exceeds $1,000.
Additionally, 18 U.S.C. § 876 prohibits using the postal service to mail threatening communications to extort money or goods if the threat involves kidnapping or inflicting bodily harm to the addressee or another person. This crime carries a prison term of up to twenty years.
Even if a person does not commit extortion themselves, receiving, possessing, or disposing of money that they know was obtained through illegal extortion is a federal crime under 18 U.S.C. § 880. The maximum jail time is up to three years. With experience as former federal prosecutors, Ellis Hinton’s attorneys in Greenville can help with varying degrees of extortion cases.
The state has laws prohibiting sexual and aggravated sexual extortion. Referred to as “Gavin’s Law” under S.C. Code § 16-15-430 and signed into law in 2023, the rule provides that a person is guilty of sexual extortion if they:
The law defines private image as depicting sexually explicit nudity or sexual activity. If an alleged victim is a minor, an adult with a mental or physical impairment, or suffers significant bodily injury or death as a proximate cause of the extortion, the crime is upgraded to aggravated sexual extortion.
Sexual extortion is a felony punished by up to five years imprisonment for a first offense. Aggravated sexual extortion is a much more serious crime and carries a maximum sentence of up to 20 years. A Greenville lawyer with Ellis Hinton can provide more information about potential penalties for specific extortion charges.
Facing extortion charges is a very serious situation that can cause significant emotional distress when jail time or significant fines are a possibility.
Hiring a Greenville extortion lawyer with the knowledge and experience to fight these charges can help you avoid potentially harsh penalties.
Our team’s prior experience as state and federal prosecutors and personalized approach can help ensure a successful defense of extortion charges. Call our law office today to schedule your initial consultation with Sloan Ellis and Brandi Hinton.
(864) 775-5775 