State Bar (1945) 26 Cal.2d 565, 573, 160 P.2d 9 t is immaterial that the money which petitioner sought to obtain through threats may have been justly due him”] Gomez v. The law does not contemplate the use of criminal process as a means of collecting a debt.” ( Id. at p. 152.) “It is the means employed which the law denounces, and though the purpose may be to collect a just indebtedness arising from and created by the criminal act for which the threat is to prosecute the wrongdoer, it is nevertheless within the statutory inhibition. 457.) The extortion statutes “all adopted at the same time and relating to the same subject matter, clearly indicate that the legislature in denouncing the wrongful use of fear as a means of obtaining property from another had in mind threats to do the acts specified in section 519, the making of which for the purpose stated is declared to be a wrongful use of fear induced thereby.” ( People v. “n many blackmail cases the threat is to do something in itself perfectly legal, but that threat nevertheless becomes illegal when coupled with a demand for money.” ( Philippine Export & Foreign Loan Guarantee Corp. any deformity, disgrace or crime” (Pen.Code, § 519.) “Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519, is punishable in the same manner as if such money or property were actually obtained by means of such threat.” (Pen.Code, § 523.)Įxtortion has been characterized as a paradoxical crime in that it criminalizes the making of threats that, in and of themselves, may not be illegal. To accuse the individual threatened … of any crime or, 3. “Extortion is the obtaining of property from another, with his consent … induced by a wrongful use of force or fear….” (Pen.Code, § 518.) Fear, for purposes of extortion “may be induced by a threat, either: … 2.
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