Where does this crime happen the most? What provinces are most susceptible to extortion? Let’s look at the statistics for this type of crime for all Canadian provinces, Ontario being one of them. If we look at the rate of police-reported crimes of extortion per 100 000 population, we can see that the rate of this type of crime was decreasing until 2005, after which it started growing again.Īlso, the percentage of this type of crime out of total reported crimes is rising across Canada overall: When a large amount of money is involved, violence and intimidation are most often the means by which to enforce the desired outcome, resulting in criminal convictions if caught and found guilty. It is not necessary that the person who utters threats says that she or he will personally implement them.Įxtortion is often connected with white-collar crime and drug trafficking, where financial gain is the usually the main motivation. The definition of “something” is pretty broad and includes even sexual favors or financial gain, for example. The level of threats or violence imposed is not as important as the offender’s intention of inducing the other person to act in a certain way for the purpose of getting “something”. The crime of extortion may involve intimidation, threat or violence used to interfere with somebody’s freedom of choice. For example, sometimes words are taken out of context or there is a reasonable justification that explains how someone didn’t intend to extort the money, and a skillful lawyer will know how to recognize these key elements for defense. For that reason, having a good criminal lawyer who is experienced and works in their client’s best interest is crucial. In some cases it can lead to years in jail or lifetime imprisonment. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.Unofficially known as blackmail, extortion (stealing by coercion) represents a serious offence in Canadian Law. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. It is not a substitute for professional legal assistance. All information available on our site is available on an "AS-IS" basis. It is possible that the law may not apply to you and may have changed from the time a post was made. The law is also subject to change from time to time and legal statutes and regulations vary between states. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Legal Disclaimer: The content appearing on our website is for general information purposes only. It is the corrupt demanding or receiving by a person in office of a fee for services which should be performed gratuitously or, where compensation is permissible, of a larger fee than the law justifies, or a fee not due. In a stricter sense, the taking of money by any officer, by color of his office, when none, or not so much, is due, or it is not yet due. 141.Įxtortion is any oppression under color of right. 5 4507.Įxtortion is the obtaining of property from another, with his consent induced by wrongful use of force or fear, or under color of official right.Įxtortion is an abuse of public justice, which consists in any officer unlawfuly taking, by color of his office, from any man any money or thing of value that is not due to him, or before it is due. 480.Įxtortion consists in any public officer unlawfully taking, by color of his office, from any person any money or thing of value that is not due to him, or more than his due. Law Dictionary – Alternative Legal DefinitionĪny oppression by color or pretense of right, and particularly the exaction by an officer of money, by color of his office, either when none at all is due, or not so much is due, or when it is not yet due. It is extortion and oppression for an officer to take money for the performance of his duty, even though it be in the exercise of a discretionary power. To constitute extortion, there must be the receipt of money or something of value the taking a promissory note, which is void, is. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |