Extortion and Blackmail – California Penal Code 518 PC

California Penal Code 518 PC defines the crime of extortion, commonly referred to as blackmail, as the use of force or threats to compel another person to give money, property, or other consideration, or to force a public official to perform an official act.

Extortion is a serious felony offense in California and can arise in a wide range of situations, from alleged threats to expose private information to accusations involving pressure placed on government officials.

In some cases, the same conduct may also expose a person to federal extortion charges.

If you are accused of extortion or blackmail, understanding how the law works—and how prosecutors prove these cases—is critical. The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What Is Extortion Under California Penal Code 518 PC?

Legal Definition of PC 518 Extortion

Penal Code 518 PC defines extortion as:

“The obtaining of property or other consideration from another, with their consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

This definition is intentionally broad. A person can be charged with extortion even when:

  • No physical force was used

  • The alleged victim technically “consented”

  • The threat involved reputation, secrets, or economic harm

Examples of Extortion and Blackmail in California

Common examples of conduct that may lead to Penal Code 518 extortion charges include:

  • Threatening to expose an affair or private information unless money is paid

  • Using force or threats against a public official to influence an official act

  • Threatening to report someone to law enforcement unless compensation is provided

  • Demanding money to prevent the disclosure of damaging or embarrassing information

Extortion cases often involve emails, texts, letters, recorded conversations, or third-party witnesses.

What Are the Elements of Extortion Under Penal Code 518?

To convict someone of extortion, the prosecution must prove all elements beyond a reasonable doubt. These elements are set forth in CALCRIM 1830.

Elements the Prosecutor Must Prove

The prosecution must show that the defendant:

  • Used force or threats to:

    • Injure a person or property, or

    • Accuse someone of a crime, or

    • Expose a secret about the victim or their family

  • Acted with the specific intent to obtain money, property, or an official act

  • Caused the alleged victim to consent because of fear

  • Actually obtained money, property, or an official act as a result

Important Legal Definitions

  • “Secret” means information not generally known that could seriously harm a person's reputation

  • “Official act” refers to an action a public official may take in their official capacity

Notably, actual violence is not required. Threats alone are sufficient.

What Are the Penalties for Extortion Under Penal Code 518 PC?

Extortion under Penal Code 518 PC is a felony.

Potential Penalties Include:

  • Up to 4 years in California state prison

  • A maximum $10,000 fine

  • Formal felony probation

Aggravating Factors

Penalties may increase if:

  • The victim had a mental or physical disability

  • The offense involved gang activity (potential “strike” under California's Three Strikes Law)

A felony conviction also results in a lifetime firearm prohibition under California law.

What Are the Penalties for Attempted Extortion? (Penal Code 524 PC)

Attempted extortion under Penal Code 524 PC is a wobbler, meaning it may be charged as either a misdemeanor or a felony.

Misdemeanor Attempted Extortion

  • Up to 1 year in county jail

  • Up to $1,000 fine

  • Informal probation

Felony Attempted Extortion

  • Up to 3 years in state prison

  • Up to $10,000 fine

  • Formal probation

Related California Crimes to Penal Code 518 Extortion

Prosecutors often file extortion charges alongside other offenses, including:

Common Defenses to Extortion and Blackmail Charges

Extortion cases are highly defensible, particularly when intent, context, or credibility is disputed.

Common Legal Defenses Include:

Lack of Criminal Intent

The defendant did not intend to use threats or coercion to obtain money or property.

No Force or Threats

Statements may have been misinterpreted, exaggerated, or taken out of context.

False Accusations

Allegations may be motivated by anger, revenge, jealousy, or financial disputes.

Insufficient Evidence

The prosecution may lack credible witnesses, recordings, or corroborating proof.

Effective defense often involves exposing inconsistencies, challenging credibility, and suppressing unlawfully obtained evidence.

Criminal Defense for Extortion Charges in Los Angeles

Extortion allegations can destroy careers, reputations, and personal relationships. Early intervention by experienced counsel can make the difference between dismissal, reduction, or conviction.

The Hedding Law Firm represents individuals accused of extortion and other serious white-collar crimes throughout Southern California.

Through strategic negotiation, we may be able to:

  • Prevent charges from being filed

  • Reduce felony charges

  • Obtain favorable plea agreements

  • Challenge the case at trial

📞 Call 866-986-2092 to schedule a confidential case evaluation.