Photo: Ann H

What is a 519 for cops?

Penal Code 519 PC – “Fear” for the Crime of Extortion in California. Penal Code 519 PC is the California statute that provides the definition of “fear” which is one of the elements of the crime of extortion. According to this section, fear is a victim's reaction to certain threats made by the extortionist.

shouselaw.com - Penal Code 519 PC – The ""fear” element in crime of extortion

What is lucky in 1xBet?

The 'Lucky 15' bet is a popular multiple bet, which involves 4 selections, amounting to 15 invdividual bets across those. This bet type consists of...

Last updated Sep 26, 2018

What is Monte Carlo in poker?

Monte Carlo is the fancy name for three-card Guts. It is as simple as two card Guts with the exception of more possible hands made out of three...

Last updated Apr 4, 2022

Make Your Bookie Cry And Pull The Hair By Generating $23,187

Promotion

Penal Code 519 PC is the California statute that provides the definition of “fear” which is one of the elements of the crime of extortion. According to this section, fear is a victim’s reaction to certain threats made by the extortionist. For example, threatening behavior that may bring about fear for extortion includes threats to injure a person or his/her property, accuse a person of a crime, and/or link or assign a person to a deformity, disgrace, or crime. Penal Code 518 PC is the California statute that defines the crime of extortion. A person commits this offense when he/she: obtains property or something else of value from a person without that person’s consent, and does so via the wrongful use of force or fear. A violation of California Penal Code Section 518 is a felony offense (as opposed to a misdemeanor or an infraction). The crime is punishable by:

custody in state prison for up to four years, and/or

a maximum fine of $10,000.

Our California criminal defense attorneys will explain the following in this article:

1. How does Penal Code 519 define “fear?”

Penal Code 519 says that, for purposes of extortion charges, fear is an emotion generated by certain specific threats. These include the threat to: do an unlawful injury to a person, his/her property, or a third person,[1] accuse a person, or that person’s relative or family member, of a crime,[2] expose, or to impute to a person, a deformity, disgrace, or crime (for example a DUI or a domestic violence crime), expose a secret affecting a person (perhaps, for example, by means of a threatening letter to someone)[3], or report a person’s immigration status or suspected immigration status.[4]

With regards to number four, a “secret” is a fact that:

is unknown to the general public or to someone who might be interested in knowing the fact, and harms the threatened person’s reputation or other interest so greatly that he or she would be likely to give the defendant money or property, or do an official act, to prevent the fact from being revealed.[5]

2. What is extortion under California law?

What is the farthest Gonzaga has gone in March Madness?

The 2014–15 team advanced all the way to the Elite Eight before losing to eventual national champion Duke. This was the first time since 1999 that...

Last updated May 25, 2022

Which soccer position is most skilled?

Mentally skilled Goalkeepers are considered by most people the most important player on the field. Why? Because without a goalkeeper you can't...

Last updated Apr 2, 2019

Promotion

Penal Code 518 defines the California crime of extortion. The law says that a person commits extortion by: obtaining property or other consideration from another person without that person’s consent, or, obtaining an official act of a public officer, and doing so by means of force or fear, or under color of official right.[6]

Note that “consideration” means anything of value, including sexual conduct.[7]

Further, an accused can be convicted of extortion even if he/she does not actually injure the accuser, use force against that person, expose his/her secret, etc. All that matters is that the defendant threatened to do so.[8] Also, the threat must be the controlling reason that the other person consented. If the person or government officials consented because of some other controlling reason, the defendant is not guilty of extortion.[9] Finally, for purposes of this statute, “coerced consent” means that the “victim” gives something away:

unwillingly, and

as a result of a wrongful threat or force or fear.[10]

3. What are the penalties?

A violation of Penal Code 518 is a felony offense. The crime is punishable by:

custody in state prison for up to four years, and/or

a maximum fine of $10,000.[11]

If a person commits attempted extortion, the offense is a misdemeanor. The crime is punishable by:

imprisonment in county jail for up to one year, and/or

a maximum fine of $1,000.[12]

4. Are there related offenses?

There are three crimes related to extortion. These include:

extortion by fake court order – PC 526, robbery – PC 211, and burglary – PC 459.

4.1 Extortion by fake court order – PC 526

Penal Code 526 PC is the California statute that makes it a crime for a person to commit extortion by means of a fake court order. Note that unlike crimes under PC 518, these offenses involve documents that purport to be some order of the court.

4.2. Robbery – PC 211

How many times a week should a horse be ridden?

For a horse and rider who require a moderate level of fitness, The horse should be ridden four days a week. At least two of the days should include...

Last updated Oct 9, 2018

Is poker a good life skill?

Poker isn't just playing cards and placing bets, it exercises key life skills like strategic thinking, budgeting, and risk management. From the...

Last updated Aug 1, 2018

Promotion

California Penal Code 211 PC says a person commits the offense of robbery by: taking the personal property from the possession of another, committing the taking against the “victim’s” will, and accomplishing the act by means of force or fear.[13] Note that, unlike robbery, extortion requires the victim to consent to a taking of money or property.

4.3. Burglary – PC 459

Per Penal Code 459 PC, a person commits burglary by entering any commercial or residential structure or locked vehicle with the intent to commit: Unlike extortion, burglary requires that the offender actually enter a structure or vehicle. For additional guidance or to discuss your case with criminal defense lawyers, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust. They also represent clients throughout California, including those in Los Angeles, Glendale, and Orange County. [1] See People v. Fisher (2013) 216 Cal.App.4th 212; People v. Sales (2004) 116 Cal.App.4th 741; and, People v. Baker (1978) 88 Cal.App.3d 115.

[2] See People v. Umana (2006) 138 Cal.App.,4th 625.

[3] See People v. Toledano (2019) Cal.App.5th 715.

[4] California Penal Code 519 PC.

[5] CALCRIM No. 1830 – Extortion by Threat or Force. Judicial Council of California Criminal Jury Instructions (2020 edition).

[6] California Penal Code 518 PC.

[7] See same.

[8] CALCRIM No. 1830.

[9] People v. Goodman (1958) 159 Cal.App.2d 54.

[10] See same.

[11] California Penal Code 1170h PC.

[12] California Penal Code 524 PC.

[13] California Penal Code 211 PC.

[14] California Penal Code 459 PC.

shouselaw.com - Penal Code 519 PC – The ""fear” element in crime of extortion

What is the safest option in betting?

Double Chance This is also one of the easiest and safest bets on football because it involves two possible outcomes. You pick one of three options:...

Last updated Aug 4, 2019

Is tennis a game of luck?

No matter what the scale, from a single point to a season-long ranking–even to a career–luck plays a huge role in tennis. Sep 25, 2015

Last updated Jun 4, 2022

Promotion

Who is the top 1 legend of football?

Greatest Footballer of all time: Pele Pele is considered the god of football. There's not a single player who has won more world cups than him....

Last updated Dec 3, 2020

Promotion

Who is more successful Vin Diesel or The Rock?

So, who is richer between the two actors? Vin Diesel is worth $225 million and is one of the highest-paid actors in the world. Whereas as mentioned...

Last updated Nov 8, 2021