Extortion Charges in California (Penal Code § 518)

California’s Penal Code § 518 defines extortion as using force, fear, or official power to coerce someone into handing over property, providing something of value, or performing an official act. It’s a charge that often involves murky facts and disputed intent, and it can apply in far more scenarios than most people expect.

At David P. Shapiro Criminal Defense Attorneys, we represent people in San Diego facing high-level felony charges. Extortion cases demand a focused, proactive defense strategy. We start by dissecting the law, the facts, and the government’s assumptions—and then we build pressure where it belongs: on the prosecution.

Extortion Under California Penal Code § 518(a)

Under California law, extortion occurs when someone:

• Obtains property or other consideration from another person,
• With that person’s consent, but
• That consent is obtained through the wrongful use of force or fear, or
• Under color of official right (meaning by abusing public authority).

This distinguishes extortion from robbery. In extortion, the person hands something over willingly – but only because they felt compelled to do so.

What Counts as “Consideration”?

Per PC § 518(b), “consideration” is anything of value, not just money or tangible property. That includes:

• Sexual conduct (as defined in PC § 311.3)
• Images of intimate body parts (as defined in PC § 647(j)(4)(C))
• Business agreements
• Property titles
• Official favors

This broad definition is what makes extortion charges so versatile—and sometimes, so aggressive.

Important: Under PC § 518(c), this statute does not apply to minors who obtain sexual images. This carveout is relatively narrow but has implications for how certain juvenile sexting or blackmail cases are charged.

Force, Fear, or Official Power: The Three Legal Pathways to Extortion

There are multiple ways someone can be accused of extortion under California law:

1. Threats of Force or Violence

This includes direct threats to physically harm someone, their family, or their property. The threat does not have to be carried out—it only needs to be credible enough to induce fear.

2. Fear-Based Coercion

This may involve threats to expose embarrassing information, damage someone’s reputation, or initiate false accusations unless they comply. Even if no physical harm is threatened, emotional leverage can still be enough to trigger criminal liability.

3. Abuse of Official Authority

When someone in a public office demands property, payment, or favors in exchange for performing (or not performing) an official act, it may be charged as extortion under color of official right. This section is commonly invoked in public corruption cases.

Common Examples of Extortion

The application of PC § 518 isn’t limited to stereotypical “blackmail” situations. Charges may be filed in cases involving:

• Threatening to expose an affair unless paid off
• Demanding payment to keep compromising images private
• Coercing a business owner into signing over assets under duress
• Using an elected office to solicit bribes or kickbacks
• Pressuring someone to withdraw a complaint or lawsuit under threat

Extortion cases often involve text messages, emails, voicemails, and other documentation that prosecutors use to imply intent. But these same materials, when examined in context, often tell a more complicated story.

Is Extortion a Felony in California?

Yes. Under California law, extortion is a felony offense. Penalties include:

• Two (2), three (3), or four (4) years in state prison
• Fines of up to $10,000
• Formal felony probation in some cases

Additional sentencing enhancements may apply if the alleged conduct involved gang activity, weapons, or vulnerable victims.

Aggravated Extortion: Additional Charges That May Follow

Prosecutors often add related offenses to extortion charges to increase leverage or sentencing exposure. These may include:

• PC § 523: Attempted extortion
• PC § 524: Extortion by threat or letter
• PC § 136.1: Dissuading a witness
• PC § 646.9: Stalking, if threats are repeated or targeted

These overlapping charges can complicate plea negotiations and sentencing strategy. An experienced defense team will not only fight the primary charge, but also push back against excessive stacking.

Defenses to Extortion Charges

Every case turns on the communication, the context, and the power dynamic involved. Depending on the facts, possible defenses may include:

1. No Threat Was Made

The alleged communication may not rise to the level of a criminal threat. Ambiguous language, vague requests, or assertive but lawful negotiation does not equal extortion.

2. No Consent Was Involved

Extortion requires that the victim handed something over under pressure. If no transfer occurred, or if the exchange was voluntary and uncoerced, the charge may fail.

3. The Accuser Misinterpreted the Situation

What one person views as aggressive bargaining or emotional expression may be seen differently by another. Extortion prosecutions often rely on subjective interpretation. We focus on facts.

4. False Accusations

Extortion allegations are sometimes used to retaliate, gain leverage in civil disputes, or deflect attention from the accuser’s own misconduct. These motives matter—and we investigate them.

What Sets These Cases Apart

Extortion allegations carry a unique mix of legal complexity and reputational risk. These cases often involve:

• Sensitive communications
• Personal and professional relationships
• Media exposure in high-profile matters

We approach each case as its own high-stakes problem. That means:

• Preserving digital evidence before it disappears or is misinterpreted
• Controlling the narrative early—before charges are filed or a case hits the press
• Preparing for trial from day one, whether or not a courtroom becomes necessary

The Role of Intent

Intent matters. Prosecutors must prove not just that a threat was made, but that it was made for the purpose of obtaining something of value through fear or abuse of power. That is a high burden—and one that can collapse under scrutiny.

We analyze every communication. We reconstruct context. And we draw a sharp legal line between hard negotiation and unlawful coercion.

Moving Forward When the Stakes Are High

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.