Theft by Extortion in New Jersey

N.J.S.A. 2C:20-5 · Fraud & White Collar Offenses

What the law says

A person commits theft by extortion by purposely and unlawfully obtaining another person’s property through extortion. A person extorts by purposely making one of the threats specified in the statute.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-5, that means:

• The person purposely and unlawfully obtains property of another.
• The person purposely threatens to inflict bodily injury on or physically confine or restrain anyone, or to commit any other criminal offense.
• The person purposely threatens to accuse anyone of an offense or to cause charges of an offense to be instituted against any person.
• The person purposely threatens to expose or publicize a secret or an asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair that person’s credit or business repute.
• The person purposely threatens to take or withhold action as an official, or to cause an official to take or withhold action.
• The person purposely threatens to bring about or continue a strike, boycott or other collective action, where the property is not demanded or received for the benefit of the group in whose interest the actor purports to act.
• The person purposely threatens to testify or provide information, or withhold testimony or information, with respect to another’s legal claim or defense; or threatens to inflict other harm that would not substantially benefit the actor but is calculated to materially harm another person.

How the charge is graded

Theft offenses are graded by the value involved and other factors under N.J.S.A. 2C:20-2. See theft grading in New Jersey.

Other rules that can matter

• For prosecution based on paragraphs b, c, d or f, it is an affirmative defense that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances, or as lawful compensation for property or services.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-823-1117 for a free, confidential consultation about your Theft by Extortion charge.

Related charges

• Theft by Deception →
• Computer Criminal Activity →
• Forgery →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.