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California Penal Code §518Extortion

PC §518 defines extortion as the obtaining of property, money, or an official act from another, with that person's consent, induced by wrongful use of force or fear, or under color of official right. Extortion is a straight felony carrying 2, 3, or 4 years in state prison, plus a fine up to $10,000. When the wrongful means threatens exposure of a secret (blackmail) it typically proceeds under §519(4). Extortion is distinct from robbery (which lacks victim consent) and from theft by false pretenses.

Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Extortion Cases in All LA County Courts

01 — Quick Facts

PC §518 — Extortion at a Glance

FactDetail
Full NameCalifornia Penal Code §518 — Extortion
Code TypePenal Code (PC)
ClassificationStraight Felony
Penalty Range2, 3, or 4 years state prison
FineUp to $10,000
Moral TurpitudeYes — CIMT for immigration
StrikeNo (unless GBI or firearm enhancement)
RestitutionMandatory to victim
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01 — What Is PC §518?

What Is California Penal Code §518?

PC §518 Reads:

"Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."

California Penal Code §518(a)

Extortion (sometimes called 'blackmail' when the threat is exposure of secrets) requires (1) a wrongful threat, (2) that induces (3) consent by the victim to give property or perform an official act. The victim's consent — however coerced — distinguishes extortion from robbery. §519 enumerates the qualifying threats: threat of unlawful injury; threat to accuse of a crime; threat to expose a secret; threat to report immigration status; threat by public officer to act or refrain from acting officially.

PC §518 vs. §211 vs. §422

§518 = property obtained by consent through wrongful threat. §211 = property taken by force or fear without consent (robbery). §422 = criminal threats without consideration or property transfer.

PC §518 — Extortion

Wrongful threat induces the victim to CONSENT to transfer property or perform an official act. Straight felony 2, 3, or 4 yrs prison.

PC §211 — Robbery

Property taken by force or fear WITHOUT consent. Serious-felony strike 2, 3, or 6 yrs prison. Distinguished from §518 by absence of consent.

Wrongfulness of the Threat Is Everything

A threat is wrongful only when the demanded property has no reasonable relationship to the harm threatened, or when the threat itself is prohibited by law. Threatening to sue over a legitimate debt is not extortion. Threatening to report a crime unless money is paid is extortion — even if the underlying crime is real. Rubin Law, P.C. attacks the 'wrongfulness' element and the good-faith-claim-of-right defense.

02 — Elements of the Crime

Elements the Prosecution Must Prove Under PC §518

The prosecution must prove each element beyond a reasonable doubt.

01

Wrongful Threat or Force

Defendant threatened unlawful injury, accusation of crime, exposure of a secret, immigration report, or misuse of official position.

Defense angle: Was the threat actually wrongful, or a lawful demand? Was there a legitimate legal claim?
02

Consent Induced by Threat

Victim consented to transfer property or perform an official act because of the threat.

Defense angle: Was there actual consent, or did victim refuse? Did the threat cause the consent, or was there another motivation?
03

Obtained Property or Official Act

Defendant received property, money, or induced an official act from the victim.

Defense angle: Was the transaction actually completed? Was it received by defendant or a third party?
04

Intent to Extort

Defendant acted with specific intent to obtain the property through the wrongful threat.

Defense angle: Was there specific intent, or was defendant negotiating a civil dispute in good faith?

04 — Penalties

Penalties for PC §518 Extortion in California

Sentencing exposure and commonly stacked charges.

ChargeCodePrison TermProbationStrike
ExtortionPC §518/§5202, 3, or 4 yrs state prisonAvailableNo
Attempted ExtortionPC §524Up to 1 yr jail or half of §520 prisonAvailableNo
Extortion of SignaturePC §5222, 3, or 4 yrs prisonAvailableNo
Extortion by LetterPC §5232, 3, or 4 yrs prisonAvailableNo

Aggravating Enhancements & Companion Charges

Firearm Enhancement

PC §12022.5

Personal use of a firearm during extortion adds 3, 4, or 10 years.

GBI Enhancement

PC §12022.7

Inflicting great bodily injury adds 3 years and elevates to strike status.

Aggregate Loss >$100k

PC §186.11

White-collar enhancement adds 1–5 years for pattern loss over $100,000.

Criminal Threats

PC §422

Frequently charged concurrently — wobbler.

Federal Hobbs Act

18 U.S.C. §1951

Federal parallel charge — up to 20 years for interstate extortion.

Collateral Consequences

  • Crime of moral turpitude — deportation and inadmissibility for non-citizens
  • Aggravated felony under INA §101(a)(43)(F) or (M) depending on facts
  • Firearm-strike consequences if firearm enhancement attaches
  • Professional-license revocation (attorney, real estate, healthcare)
  • Mandatory restitution to victim
  • Public record accessible to employers

05 — Defense Strategies

How Rubin Law Defends PC §518 Extortion Charges

Rubin Law, P.C. defense strategies for this charge.

Threat Was Not Wrongful

Demanding what defendant legitimately owed, or threatening lawful action reasonably related to the claim (e.g., civil lawsuit) is not extortion.

People v. Umana

Good-Faith Claim of Right

Honest belief in entitlement to the property — even mistaken — defeats specific intent. Common in debt-collection and civil-dispute cases.

People v. Tufunga

No Actual Consent

Victim never actually consented or transferred property. Attempted extortion under §524 remains, but not §518.

PC §518 element

No Causation

Victim transferred property for reasons unrelated to the threat (e.g., prior debt, business agreement).

CALCRIM 1830

First Amendment Speech

Truthful speech about newsworthy conduct, or negotiated non-disclosure of embarrassing but truthful information tied to civil settlement, may enjoy First Amendment protection.

People v. Miller

Attempt vs. Completed Extortion

Reduce §518 completed extortion to §524 attempted extortion — misdemeanor eligible, significantly reduced exposure.

PC §524

Illegal Search / Miranda

Suppress statements without Miranda; suppress communications obtained via illegal wiretap or search.

Miranda / §1538.5

07 — Court Process

How PC §518 Extortion Cases Move Through Los Angeles Courts

How this case moves through LA County criminal courts.

  1. 1

    Step 1Victim Report / Investigation

    Reports often triggered by demand letters, texts, or recorded phone calls. Detectives review communications and financial records.

  2. 2

    Step 2Search Warrants

    Warrants target phones, computers, and communications platforms for threat evidence and intent evidence.

  3. 3

    Step 3Arrest / Arraignment

    Felony bail on §518 typically $50,000–$150,000, higher with firearm allegations.

  4. 4

    Step 4Preliminary Hearing

    Contest wrongfulness of threat, causation, and consent elements. Cross-examine victim on motive and communications.

  5. 5

    Step 5Motion Practice

    PC §995 to dismiss for insufficient evidence; PC §1538.5 to suppress illegally seized communications.

  6. 6

    Step 6Plea, Trial, or Reduction

    Common outcomes: reduction to §524 attempted extortion (misdemeanor eligible), civil-dispute resolution with dismissal, or negotiated plea avoiding CIMT.

Reviewed by Your Attorney

Daniel S. Rubin — Los Angeles Extortion Defense Attorney

Daniel S. Rubin has defended clients charged with extortion and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.

This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §518 in Los Angeles County. Last reviewed: July 2026.

CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Extortion Cases Throughout LA County

See our full Extortion defense practice

09 — FAQs

PC §518 Extortion Questions — Los Angeles

What is extortion under PC §518?

Obtaining property, money, or an official act from another with that person's consent, induced by wrongful use of force or fear, or under color of official right. Distinct from robbery because the victim consents to transfer under the coercion.

What is the penalty for extortion?

2, 3, or 4 years in state prison, plus a fine up to $10,000 and mandatory restitution. Enhancements for firearm use, GBI, or aggregate loss over $100,000 significantly increase exposure.

What is the difference between extortion and robbery?

Extortion (§518) requires victim consent — even coerced consent — to transfer property. Robbery (§211) requires taking without consent through force or fear. Robbery is a strike offense; extortion is not (absent enhancements).

Is a threat to sue extortion?

Not if the threatened suit is legitimate and reasonably related to the claim. A threat to sue over a real dispute is lawful. A threat to file a false criminal report unless paid is extortion — even if the underlying facts are true.

What if I was owed the money I demanded?

Good-faith claim of right is a viable defense. If defendant honestly believed in entitlement to the money and threatened lawful action reasonably related to the debt, this defeats specific intent to extort.

Is extortion a strike offense?

Extortion by itself is not a strike. But if a firearm-use enhancement (PC §12022.5) or GBI enhancement (PC §12022.7) attaches, the offense becomes a serious/violent felony strike under §667.5(c) or §1192.7(c).

Can extortion be blackmail?

Yes. When the wrongful threat is exposure of a secret (§519(4)), the offense is commonly called blackmail. The statute is still §518/§520 — no separate blackmail statute in California.

Are there immigration consequences?

Yes, severe. §518 is a crime of moral turpitude — deportable and inadmissible. May qualify as aggravated felony under INA §101(a)(43)(F) or (M) depending on sentence and loss.

Available 24/7 — Free Consultation

Charged With PC §518 Extortion in Los Angeles?

PC §518 is a straight felony with 2-4 years state prison, CIMT immigration risk, and enhancement exposure. Rubin Law, P.C. defends extortion cases with claim-of-right, civil-dispute, and First Amendment strategies. Call 24/7.