However, it is possible for a person with one or more prior convictions to receive active jail time as a punishment. A person with no prior convictions cannot receive more than a 45-day sentence, and this sentence must be community punishment. North Carolina statute provides that a person who commits a Class 1 misdemeanor receives a sentence between 1 day and 120 days, depending on their prior convictions. A person can violate the statute by either (1) sending a writing which demands of a person with threats some property or (2) sending a writing which threatens to accuse a person of a crime “with the intent to extort or gain” some property from the person.Ī person who violates the blackmail statute commits a Class 1 misdemeanor. North Carolina, however, has a separate statute titled blackmail. Many states have only an extortion statute, which covers what we might commonly think of as blackmail. the defendant intended to obtain the thing of value wrongfully, that is, knowing that he was not entitled to obtain it in this manner.the defendant did this with the intent to obtain something of value, an acquittance, an advantage, or an immunity.
TYPES OF EXTORTION LICENSE
Another example of extortion might be a county inspector who threatens to withhold the granting of a liquor license to a business owner if the business owner doesn’t pay him a certain amount of money.Ī person who commits extortion is guilty of a Class F felony. For example, a defendant can commit extortion by threatening to reveal embarrassing photos of another person if that other person doesn’t pay him a certain amount of money. 14-118.4) when he threatens a person with the intent to wrongfully obtain something of value. Definition of Extortion in NCĪ person violates the extortion statute in North Carolina (G.S. Rosensteel today so that he can begin determining the best course of action for you. If you are facing a charge of extortion or blackmail, an experienced defense attorney will know how the law applies to the facts of your case. North Carolina treats extortion or blackmail as a serious crime, and a person convicted of extortion or blackmail can spend many months or even years in jail. The crime of extortion or blackmail is basically a taking of another’s property through coercion or threats.
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