Criminal Coercion

The common law offense of extortion has been broadened by modern statutes to encompass any person who, acting with purpose to restrict unlawfully another's freedom of action to his detriment, threatens to commit any criminal offense, accuse anyone of a criminal offense, expose any secret tending to subject any person to hatred, contempt or ridicule, impair his credit or business repute, or threatens to take or withhold action as an official, or cause an official to take or withhold action. Model Penal Code §212.5 Common law extortion was limited to the corrupt collection of an unlawful fee by an officer acting under color of office with no proof of threat, force, or duress required. 621 F. 2d 123, 124. If property is obtained as the result of criminal coercion, the conduct then constitutes theft by extortion since that form of theft encompasses today any conduct which is now proscribed by the criminal coercion statute. See coercion.