California Penal Code §524 — Attempted Extortion
PC §524 criminalizes any attempt — by force or threat — to obtain property or an official act from another that would constitute extortion under PC §518 if completed. Unlike §518, §524 does not require that the victim actually part with property. It is a wobbler carrying up to 3 years in county jail as a felony.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Attempted Extortion Cases in All LA County Courts
01 — Quick Facts
PC §524 — Attempted Extortion at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §524 — Attempted Extortion |
| Code Type | Penal Code (PC) |
| Classification | Wobbler — misdemeanor or felony |
| Misdemeanor Term | Up to 1 year county jail; up to $10,000 fine |
| Felony Term | 16 months, 2, or 3 years county jail (§1170(h)) |
| vs §518 | §518 = completed extortion (property actually obtained); §524 = attempt only |
| vs §519 | §519 defines the qualifying threats (violence, accusation, secret exposure) |
| Consent Under Duress | The 'consent' element in §518 is negated by wrongful threat — §524 catches the attempt regardless |
| Strike | No |
| Probation | Available on both misdemeanor and felony filings |
| Immigration | May constitute CIMT — fact-specific |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §524?
What Is California Penal Code §524?
PC §524 Reads:
"Every person who attempts, by means of any threat, such as is specified in Section 519 of this code, to extort property or other consideration from another is punishable by imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment."
— California Penal Code §524
§524 is the inchoate form of extortion. Where §518 requires the victim to actually deliver property or perform an official act under wrongful threat, §524 punishes the attempt itself. A sent-but-unpaid demand letter, a threatening voicemail, a text demanding money to prevent disclosure of an affair — each supports §524 charges even if the victim never paid a dime.
§524 vs Completed §518
The elements are otherwise identical to §518. The prosecution must prove the qualifying threat (§519) and specific intent to obtain property or an official act. Only the completion element differs. Because §524 lacks the property-obtained proof problem, it is often easier to prove — and is the default filing when payment never occurred.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §524
Under CALCRIM 1831, the prosecution must prove each element beyond a reasonable doubt.
Qualifying Threat
Defendant made a threat listed in §519 — to injure the victim or a third party, to accuse of crime, to expose a secret, or to report immigration status.
Intent to Obtain Property or Act
Defendant made the threat with specific intent to induce the victim to part with property, consideration, or perform an official act.
Attempt — Direct Step
Defendant took a direct but ineffectual step toward completing the extortion.
04 — Penalties
Penalties for PC §524 Attempted Extortion in California
§524 is a wobbler. Filing turns on the seriousness of the threat and the target's identity.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Attempted Extortion — Misdemeanor | PC §524 | Up to 1 year county jail; up to $10,000 fine | Available | No |
| Attempted Extortion — Felony | PC §524 via §1170(h) | 16 months, 2, or 3 years county jail | Available | No |
| Completed Extortion | PC §518 / §520 | 2, 3, or 4 years state prison (comparison) | Available | No |
Sentencing Enhancements
Extortion of Public Official
PC §521
Extortion of a signature or endorsement of a public official is charged separately with felony exposure.
Gang Enhancement
PC §186.22
+2/3/4 years where extortion is committed for the benefit of a criminal street gang.
Elder Victim
PC §368
Enhanced sentencing where victim is 65 or older.
Additional Consequences Beyond Prison
- Restitution to victim for any incidental losses
- Immigration: potential CIMT triggering deportability
- Professional-license and immigration collateral consequences
- Loss of gun rights on felony conviction
- Civil liability under Civil Code §1708.8 and Ins. Code §1871.7 (where applicable)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §524 Attempted Extortion Charges
Most §524 defenses attack intent and the qualifying-threat element.
No Qualifying Threat
Statements must satisfy §519 — hyperbole, contract disputes, and lawful demand letters are not §519 threats.
§519
No Specific Intent
Intent to obtain property or an official act is required — angry statements without pecuniary demand are outside the statute.
Intent
Withdrawal or Renunciation
Voluntary abandonment before completion is a defense to attempt under People v. Superior Court (Decker) 41 Cal.4th 1.
Attempt
First Amendment
Constitutionally protected speech — critical reviews, threats of civil suit, and reporting to authorities are not §519 threats.
1st Amend.
PC §17(b) Reduction
Felony §524 is a wobbler routinely reduced to misdemeanor with mitigation.
Constitutional Sources
07 — Court Process
How PC §524 Attempted Extortion Cases Move Through Los Angeles Courts
§524 cases turn on documentary evidence — texts, emails, voicemails.
- 1
Step 1 — Complaint & Discovery
Communications preserved by the reporting party drive the case.
- 2
Step 2 — PX / Prelim (Felony)
Prosecution must show probable cause on threat and intent.
- 3
Step 3 — 1538.5 Suppression
Where cell-phone content was obtained without warrant, suppression is possible.
- 4
Step 4 — Restitution & Mitigation
Restitution, apology, and mental-health mitigation drive plea outcomes.
- 5
Step 5 — PC §17(b) Reduction
Reduce to misdemeanor at plea or on successful probation.
- 6
Step 6 — Plea or Trial
Trials turn on whether the language actually constitutes a §519 threat.
Los Angeles Courts That Handle PC §524 Attempted Extortion Cases
§524 cases are handled at general felony calendars countywide.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Attempted Extortion Defense Attorney
Daniel S. Rubin has defended clients charged with attempted 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 §524 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Attempted Extortion Cases Throughout LA County
09 — FAQs
PC §524 Attempted Extortion Questions — Los Angeles
What's the difference between §518 and §524?
§518 requires the victim to actually part with property. §524 only requires the attempt — the demand alone is enough, even if the victim never paid.
Is a demand letter automatically extortion?
No. Demand letters connected to a good-faith legal claim are not §524. The threat must be one specified in §519 — violence, exposure of a secret, or accusation of crime.
Can §524 be reduced to a misdemeanor?
Yes. §524 is a wobbler under §17(b). Reduction is common where restitution is paid and no prior record exists.
What if I never actually intended to follow through?
The threat need not be real — only that the defendant intended to induce the victim's fear to obtain property. Actual capability to carry out the threat is not required.
Available 24/7 — Free Consultation
Charged With PC §524 Attempted Extortion?
The line between a demand letter and a §524 case is thin — and defensible. Rubin Law, P.C. — (213) 723-2337.