It is an affirmative defense to the charge of extortion by instilling fear of criminal charges if the defendant reasonably believed that the threatened charge was true and the sole purpose was to compel or induce the victim to take reasonable action to make good the wrongs that were subject to the charges. Second-degree coercion is a class A misdemeanor punishable by a sentence of up to 1 year in prison, a fine of up to $1,000, or both. In addition, the court may impose a fine which is the greater of $5,000 or double the amount of the defendant's gain from commission of the crime. New York Penal Law Section 135.75 (coercion defense)įirst-degree coercion is a class D felony punishable by a sentence of at least 3 to 7 years in prison.New York Penal Law Section 135.65 (coercion in the first degree).New York Penal Law Section 135.60 (coercion in the second degree).The chart below contains some additional information on extortion-related laws in New York. While the latter offense involves the use of threats of physical injury, damage to property, or other harmful consequences to take or withhold property, coercion involves the use of similar threats to induce the victim to take or not take certain actions. Violate his or her duty as a public servant.Ĭoercion is similar to but distinct from the crime of larceny by extortion.Cause or attempt to cause physical injury to another person or.Any other act calculated to harm the victim's health, safety, business, calling, career, financial condition, reputation or personal relationships.įirst degree coercion is when a person, having committed second-degree coercion, actually instilled in the victim a fear of physical injury or property damage, or induced the victim to:.An official position being used to harm the victim.A boycott or other collective action against the victim's business unless the action is for the benefit of the group's interest.Exposing a secret about the victim subjecting him or her to 'hatred, contempt or ridicule'.

Criminal accusations against the victim or prosecution of charges against the victim.The most basic form of the offense is second degree coercion, which occurs when a person compels another person to engage or refrain from engaging in lawful conduct by instilling a fear of: In New York, there are two degrees for the crime of coercion (referred to as 'extortion' in certain other states).

Legal extortion