Theft by extortion is a serious criminal offense in Utah, involving the use of threats, coercion, or intimidation to unlawfully obtain money, property, or services from another person. Under Utah Code § 76-6-406, this offense is classified as a form of theft, but the use of extortion—forcing someone to act against their will through threats—makes it particularly severe. Convictions can lead to harsh penalties, including substantial fines, imprisonment, and a permanent criminal record.
Salt Lake County Criminal Defense Lawyer
Theft by extortion charges can be daunting and require careful analysis to determine the best legal options for your situation. Susanne Gustin has the experience and expertise to evaluate your case and weigh the potential outcomes.
No matter the specifics of your case, Susanne Gustin is ready to work with you toward a favorable resolution. If you are facing theft by extortion allegations, call Susanne Gustin, Attorney at Law, at 801-243-2814 for a free consultation. Clients from Salt Lake County, Davis County, West Valley City, Layton, and surrounding areas are welcome.
Information Center for Theft by Extortion in Utah
- What is Theft by Extortion?
- Penalties for Theft by Extortion
- Defenses Against Theft by Extortion
- Additional Resources
What Is Theft by Extortion in Utah?
Theft by extortion occurs when a person intentionally obtains or tries to obtain property or services from another with threats. Utah Code § 76-6-406 states as follows:
As used in this section, extortion occurs when an actor threatens to:
- cause physical harm in the future to the person threatened, to any other person, or to property at any time;
- subject the person threatened or any other person to physical confinement or restraint;
- engage in other conduct constituting a crime;
- accuse any person of a crime or expose any person to hatred, contempt, or ridicule;
- reveal any information sought to be concealed by the person threatened;
- testify, provide information, or withhold testimony or information with respect to a person’s legal claim or defense;
- take action as an official against anyone or anything, or withhold official action, or cause such action or withholding;
- bring about or continue a strike, boycott, or other similar collective action to obtain property that is not demanded or received for the benefit of the group that the actor purports to represent; or
- do any other act which would not in itself substantially benefit the actor but which would harm substantially any other person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.
An actor commits theft by extortion if the actor obtains or exercises control over the property of another person by extortion and with a purpose to deprive the person of the person’s property.
Some examples of theft by extortion include:
- Threatening Physical Harm: A person demands money from another, threatening to harm them or their family if they refuse.
- Blackmail: Someone threatens to expose embarrassing or damaging personal information unless they are paid a specific amount.
- Abusing Public Office: A government official demands money or favors in exchange for favorable treatment or avoiding penalties.
- Threatening Legal Action: A person threatens to falsely accuse someone of a crime unless they hand over money or property.
Penalties for Theft by Extortion in Utah
The severity of penalties for theft by extortion depends on the value of the property or services involved and the specific circumstances of the offense. Theft by extortion is classified under Utah’s general theft statute, which uses a value-based system to determine charges:
Class B Misdemeanor:
Value of the property or services: Less than $500.
- Penalties:
- Up to 6 months in jail and
- Fines up to $1,000.
Class A Misdemeanor:
Value of the property or services: $500 to $1,500.
- Penalties:
- Up to 1 year in jail and
- Fines up to $2,500.
Third-Degree Felony:
Value of the property or services: $1,500 to $5,000.
- Penalties:
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony:
Value of the property or services: $5,000 or more.
- Penalties:
- Up to 15 years in prison and
- Fines up to $10,000.
Defenses Against Theft by Extortion Charges
There are several defenses that may be used to challenge theft by extortion charges in Utah:
Lack of Intent: The defendant did not intend to obtain property or services through threats. For example, the statements made were not serious or intended as a joke.
False Accusation: Defense: The defendant was wrongly accused, and there is insufficient evidence to prove they committed the act of extortion.
Duress: The defendant was coerced or forced by another party to commit the crime of extortion.
Additional Resources
- Utah Code § 76-6-406: Theft by extortion occurs when a person intentionally obtains or tries to obtain property or services from another with threats
- Theft and Property Crimes: Even for first-time offenders, theft and property crime allegations are serious charges. For second and third offenses, penalties are far more severe.
Hire Criminal Defense Lawyer for Theft by Extortion Charges in Salt Lake County, Utah
If you are facing theft by extortion charges in Utah, it’s crucial to seek legal representation from an experienced criminal defense attorney. A conviction can have severe consequences, but a skilled lawyer can help build a strong defense and protect your rights.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against theft and extortion charges in Utah. She is committed to providing expert legal counsel and pursuing the best possible outcome for your case.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
