Example of Extortion Act

Rodney tells Lindsey that he will report her illegal drug trafficking to local law enforcement if she does not pay him fifteen thousand dollars. Rodney has probably committed the criminal act element required for extortion in most jurisdictions. Note that Rodney’s threat to expose Lindsey’s illegal activities is actually desirable behavior when performed with the intent to eliminate or reduce crime. However, under these circumstances, Rodney’s act is most likely criminal because it is supported by the intent to steal fifteen thousand dollars from Lindsey.

Example of a Case Lacking Extortion Intent

Review the example with Rodney and Lindsey in Section 11 “Example of Extortion Act”. Change the example and assume that Rodney asks Lindsey to loan him the fifteen thousand dollars so that he can make a balloon payment due on his mortgage. Lindsey refuses. Rodney thereafter threatens to expose Lindsey’s drug trafficking if she doesn’t loan him the money. In many jurisdictions, Rodney may not have the criminal intent element required for extortion. Although Rodney performed the criminal act of threatening to report Lindsey for a crime, he did so with the intent to borrow money from Lindsey. Thus Rodney did not act with the specific intent or purposely to permanently deprive Lindsey of property, which could operate as a failure of proof or affirmative defense to extortion in many jurisdictions.

Example of Extortion Affirmative Defense

Tara, a real estate broker, hires Trent to be a real estate sales agent in her small realty office. Tara decides she wants to get the property listing of a competitor by using Trent to obtain information. Tara tells Trent to pretend he is a buyer interested in the property. She asks him to make an appointment with the competitor, ask a lot of questions about the owner of the property, and thereafter bring Tara the information. Tara promises to pay Trent one thousand dollars for his time and effort. Trent spends several hours performing this task and thereafter demands his one thousand dollars payment. Tara tells Trent she is experiencing “tough times” and can’t afford to pay him. Trent threatens to tell Tara’s competitor what she is up to if she doesn’t pay him the one thousand dollars. Trent has probably not committed extortion in many jurisdictions. Although Trent threatened to expose Tara’s secret if she didn’t pay him one thousand dollars, Trent honestly believed he was owed this money for a job he performed that was directly related to the secret. Thus in many jurisdictions, Trent has an affirmative defense that the money demanded was compensation for services and not the subject of unlawful theft by extortion.

Example of Attendant Circumstance of Victim Consent for Extortion

Review the example with Rodney and Lindsey in Section 11 “Example of Extortion Act”. Assume that Lindsey grudgingly gives Rodney the fifteen thousand dollars so that he will not report her drug trafficking. In this example, Lindsey is consensually transferring the money to Rodney to prevent him from making good on his threat. Thus the attendant circumstance of victim consent based on fear is most likely present, and Rodney could be subject to prosecution for and conviction of extortion in most jurisdictions.

Example of a Case Lacking Extortion Harm

Review the example with Rodney and Lindsey in Section 11 “Example of Extortion Act”. Assume that after Rodney threatens to report Lindsey’s drug trafficking to local law enforcement, Lindsey calls local law enforcement, turns herself in for drug trafficking, and also reports Rodney for making the threat. In this case, because Rodney did not “obtain” property by threat, the crime of extortion is not complete, and attempted extortion would be the appropriate charge in most jurisdictions.

Figure 11.4 Diagram of Defenses to Extortion

Example of Robbery Act

Review the example given in Section 11 “Example of Extortion Act” with Rodney and Lindsey. In this example, Rodney threatened to expose Lindsey’s drug trafficking if she didn’t pay him fifteen thousand dollars. Change the example so that Rodney tells Lindsey he will kill her if she doesn’t write him a check for fifteen thousand dollars. Rodney exemplifies his threat by pointing to a bulge in his front jacket pocket that appears to be a weapon. In this scenario, Rodney has most likely committed the criminal act element required for robbery, not extortion. Rodney’s threat is a threat of immediate force. Compare this threat to Rodney’s threat to expose Lindsey’s drug trafficking, which is a threat of future harm that relates to Lindsey’s arrest for a crime, rather than force.

Example of a Case Lacking Robbery Act

Peter, a jewelry thief, notices that Cheryl is wearing a diamond ring. Peter walks up to Cheryl and asks her if she wants him to read her palm. Cheryl shrugs her shoulders and says, “Sure! What have I got to lose?” While Peter does an elaborate palm reading, he surreptitiously slips Cheryl’s diamond ring off her finger and into his pocket. Peter has probably not committed the criminal act element required for robbery in this case. Although Peter used a certain amount of physical force to remove Cheryl’s ring, he did not use any force beyond what was required to gain control over Cheryl’s property and move it into his possession. Thus Peter has probably committed the criminal act element required for larceny theft, not robbery, and is subject to less severe sentencing for this lower-level offense.

Example of Robbery Attendant Circumstances

Review the example given in Section 11 “Example of Robbery Act” with Rodney and Lindsey. In this example, Rodney tells Lindsey he will kill her if she doesn’t write him a check for fifteen thousand dollars. Change this example so that Rodney knows Lindsey has recently withdrawn fifteen thousand dollars in cash from the bank. Rodney demands the cash, tells Lindsey he will kill her if she doesn’t give it to him, and gestures toward a bulge in his front jacket pocket that appears to be a weapon. Lindsey tells Rodney, “The money is in my purse, but if you take it, you will be ruining my life!” and points to her purse, which is on the kitchen table a few feet away. Rodney walks over to the table, opens Lindsey’s purse, and removes a large envelope stuffed with bills. In this scenario, the attendant circumstances for robbery appear to be present. Rodney took the property of another without consent. Although the money was not on Lindsey’s person, it was in her presence and subject to her control. If Rodney had not threatened Lindsey’s life, she could have prevented the taking. Thus Rodney has most likely committed robbery and is subject to prosecution for and conviction of this offense.

Example of Robbery Intent

Review the example with Rodney and Lindsey in Section 11 “Example of a Case Lacking Extortion Intent”. In this example, Rodney demands a loan from Lindsey in the amount of fifteen thousand dollars and threatens to expose her drug trafficking activities if she doesn’t comply. Change this example so that Rodney tells Lindsey to loan him fifteen thousand dollars or he will kill her, gesturing at a bulge in his front jacket pocket that appears to be a weapon. In a jurisdiction that requires the criminal intent to permanently deprive the victim of property for robbery, Rodney does not have the appropriate criminal intent. In a jurisdiction that allows for the intent to temporarily deprive the victim of property for robbery, Rodney has the appropriate criminal intent and may be charged with and convicted of this offense.

Example of Robbery Harm

Review the example with Rodney and Lindsey in Section 11 “Example of Robbery Attendant Circumstances”. In this example, Rodney threatens to kill Lindsey if she does not give him fifteen thousand dollars out of her purse and gestures to a bulge in his front jacket pocket that appears to be a weapon. Change this example so that Lindsey leaps off of the couch and tackles Rodney after his threat. She reaches into his pocket and determines that Rodney’s “gun” is a plastic water pistol. Rodney manages to get out from under Lindsey and escapes. If Rodney and Lindsey are in a jurisdiction that requires a transfer of property for the harm element of robbery, Rodney has probably only committed attempted robbery because Rodney did not get the chance to take the money out of Lindsey’s purse. If Rodney and Lindsey are in a jurisdiction that does not require a transfer of property for the harm element of robbery, Rodney may be subject to prosecution for and conviction of this offense.

Figure 11.5 Diagram of Defenses to Robbery

Example of Receiving Stolen Property Act

Chanel, a fence who deals in stolen designer perfume, arranges a sale between one of her thieves, Burt, and a regular customer, Sandra. Chanel directs Burt to drop off a shipment of one crate of the stolen perfume at Chanel’s storage facility and gives Burt the key. Chanel pays Burt five thousand dollars for the perfume delivery. Chanel thereafter accepts a payment of ten thousand dollars from Sandra and gives Sandra another key with instructions to pick up the perfume the next day after it has been delivered. Chanel could probably be charged with and convicted of receiving stolen property in most jurisdictions. Although Chanel did not ever acquire actual possession of the stolen designer perfume, Chanel had control over the property or constructive possession through her storage facility. Chanel’s acts of buying the perfume for five thousand dollars and then selling it for ten thousand dollars both would be criminalized under one statute in many jurisdictions. Thus Chanel could be prosecuted for both acts as separate charges of receiving stolen property.

Example of Receiving Stolen Property Intent

Chip’s iPod breaks, so he decides to go to the local electronics store and buy a new one. As he is approaching the store, Heather saunters over from a nearby alley and asks him if he wants to buy a brand new iPod for ten dollars. Suspicious of the price, Chip asks Heather to see the iPod. She hands it to him, and he notices that the box looks like it has been tampered with and a price tag removed. He shrugs, takes ten dollars out of his wallet, and hands it to Heather in exchange for the iPod. In jurisdictions that require actual knowledge that the property is stolen, Chip probably does not have the appropriate criminal intent for receiving stolen property because he did not know Heather and had no way of knowing if Heather was selling him stolen property. In jurisdictions that require awareness of a risk that the property is stolen, Chip may have the appropriate criminal intent because he knew the price was too low and noticed that the box had been tampered with to remove evidence of an actual price or vendor.

Change the example so that Chip is a pawnshop broker, and Heather brings the iPod into his shop to pawn for the price of ten dollars. In many jurisdictions, if Chip accepts the iPod to pawn, this creates a presumption of receiving stolen property criminal intent. Chip is considered a dealer, and in many jurisdictions, dealers who acquire property for consideration that they know is far below the reasonable value are subject to this type of presumption.

Change the example again so that Chip notices the following message written on the back of the iPod box: “This iPod is the property of Eugene Schumaker.” Chip is Eugene Schumaker’s friend, so he pays Heather the ten dollars to purchase the iPod so he can return it to Eugene. In many jurisdictions and under the Model Penal Code, Chip can use his intent to return the stolen property to its true owner as a failure of proof or affirmative defense to receiving stolen property.

Example of Retaining Stolen Property

Review the example with Chip and Heather in Section 11 “Example of Receiving Stolen Property Intent”. Change this example so that Chip is not a dealer and is offered the iPod for one hundred dollars, which is fairly close to its actual value. Chip purchases the iPod from Heather and thereafter drives home. When he gets home, he begins to open the box and notices the message stating that the iPod is the property of Eugene Schumaker. Chip thinks about it for a minute, continues to open the box, and then retains the iPod for the next six months. If Chip is in a state that defines the criminal act element for receiving stolen property as retains, then Chip most likely committed the criminal act with the appropriate criminal intent (knowledge that the property is stolen) and may be subject to prosecution for and conviction of this offense.