| 释义 |
extortion
ex·tor·tion E0298700 (ĭk-stôr′shən)n.1. Illegal use of one's official position or powers to obtain property, funds, or patronage.2. The act or an instance of extorting something, as by psychological pressure.3. An excessive or exorbitant charge.
ex·tor′tion·ar′y (-shə-nĕr′ē) adj.ex·tor′tion·ist, ex·tor′tion·er n.extortion (ɪkˈstɔːʃən) nthe act of securing money, favours, etc by intimidation or violence; blackmail exˈtortioner, exˈtortionist nex•tor•tion (ɪkˈstɔr ʃən)
n. 1. an act or instance of extorting. 2. the crime of obtaining money or some other thing of value by the abuse of one's office or authority. 3. anything extorted. [1250–1300; Middle English < Late Latin] ex•tor′tion•ist, ex•tor′tion•er, n. Extortion badger game Extortion, blackmail, intimidation achieved through deception; most specifically, the scheme in which a woman entices a man into a compromising situation, and then victimizes him by demanding money when her male accomplice, often pretending to be the enraged husband, arrives on the scene, threatening violence or scandal. The expression, in common use in the United States since the early 1900s, arose from the cruel sport of badger baiting, in which a live badger was placed in a hole or a barrel so that it could be easily attacked by dogs. Thus, to badger came to mean ‘to worry, pester, or harass,’ and, more intensively, in the sense above, ‘to persecute or blackmail.’ The woman decoy in the badger game is called the badger-worker. bleed To extort money from an individual or an organization; to pay an unreasonable amount of money; to pay through the nose. This slang term has been in use since the 17th century, at which time bleeding was a common surgical practice. Whether bleeding was natural or surgically induced, loss of blood was significant. The significance of money to most people, and the fact that it can be paid out with or without force, makes the figurative use of bleed relating to money a logical extension of the literal meaning. fry the fat out of To obtain money by high-pressure tactics or extortion; to milk, put the squeeze on. Just as the frying process removes excess fat, so does extortion or high-pressure fund-raising tactics remove the “fat” or excess wealth from the affluent. This now little-used U.S. slang expression dates from the late 19th century. His main qualification is admitted to be that of a good collector of funds. No one could, in the historic phrase, fry out more fat. (The Nation, April, 1904) put the bite on To solicit money from, to hit up for a loan; also, to do so through force, thus, to extort money from, to blackmail. Both uses play on the idea of extracting by exerting pressure. The alternate put the bee on is usually limited to the less forceful borrowing sense. Webster’s Third cites Hartley Howard: … some smooth hoodlum puts the bee on his daughter for two thousand bucks. The stronger meaning is the more common, however: Or did he just happen to see what happened and put the bite on you and you paid him a little now and then to avoid scandal? (Raymond Chandler, High Window, 1942) shakedown Extortion, blackmail; a forced contribution, as for protection. This term originally referred to a method of getting fruits and nuts out of a tree. In its figurative applications, shakedown conjures images of a person’s being turned upside down and shaken to forcefully remove the money from his pockets. He [a New York City policeman] was fined 30 days’ pay because he would not stand for a “shakedown,” which means that he had refused to give from time to time upon demand 5 or 10 dollars from his meagre salary to his superiors to be used for purposes unknown. (A. Hodder, The Fight For The City, 1903) Shake down ‘to extort, plunder’ is frequently used as a verb phrase. For only last week they were shook down for five hundred by a stray fellow from the Department. (J. Barbicon, Confessions of a Rum-Runner, 1927) Thesaurus| Noun | 1. | extortion - an exorbitant chargeovercharge - a price that is too high | | 2. | extortion - unjust exaction (as by the misuse of authority); "the extortion by dishonest officials of fees for performing their sworn duty"exaction - act of demanding or levying by force or authority; "exaction of tribute"; "exaction of various dues and fees" | | 3. | extortion - the felonious act of extorting money (as by threats of violence)felony - a serious crime (such as murder or arson)blackmail - extortion of money by threats to divulge discrediting informationtribute, protection - payment extorted by gangsters on threat of violence; "every store in the neighborhood had to pay him protection"shakedown - extortion of money (as by blackmail) |
extortionnoun blackmail, force, oppression, compulsion, coercion, shakedown (U.S. slang), rapacity, exaction He has been charged with extortion and abusing his position.Translationsextort (ikˈstoːt) verb to obtain (from a person) by threats or violence. They extorted a confession from him by torture. 逼取，勒索 逼取，勒索，敲诈 exˈtortion (-ʃən) noun 逼取，勒索 逼取，勒索 exˈtortionate (-nət) adjective (of a price) much too high. That restaurant's prices are extortionate! 索價過高的 昂贵的，过高的，敲诈的 extortion
extortion, in law, unlawful demanding or receiving by an officer, in his official capacity, of any property or money not legally due to him. Examples include requesting and accepting fees in excess of those allowed to him by statute or arresting a person and, with corrupt motives, demanding money or property unlawfully under pretense of duty. The taking of money or property is generally an essential element of the crime. In most states of the United States, extortion is more widely defined to include the obtaining of money or property of another by inducing his consent through wrongful use of fear, force, or authority of office; blackmailblackmail,
in law, exaction of money from another by threat of exposure of criminal action or of disreputable conduct. The term was originally used for the tribute levied until the 18th cent.
..... Click the link for more information. , ransomransom,
price of redemption demanded by the captor of a person, vessel, or city. In ancient times cities frequently paid ransom to prevent their plundering by captors. The custom of ransoming was formerly sanctioned by law.
..... Click the link for more information. , and threatthreat,
in law, declaration of intent to injure another by doing an unlawful act, with a view to restraining his freedom of action. A threat is distinguishable from an assault, for an assault requires some physical act that appears likely to eventuate in violence, whereas a
..... Click the link for more information. of force are included under this definition.Extortion in criminal law, a crime against property consisting of the demand to turn over property, or the rights to property, under threat of violence to the individual who controls or guards the property or to persons close to him, as well as under threat of making public damaging information about him or destroying the property. In this case, persons close to the owner include not only relatives but also other citizens who, threatened by violence, could influence the owner. Soviet law establishes criminal responsibility for extortion of state or societal property, as well as private property of citizens (arts. 95 and 148 of the Criminal Code of the RSFSR and corresponding articles of the Criminal Codes of the other Union republics). Extortion is not covered in the codes of the Kirghiz, Uzbek, or Ukr SSR’s. As distinct from such crimes as theft and robbery, in extortion the threat of violence is directed toward transferring property to the criminal and not toward overcoming the resistance of the victim; for this reason, when the threat of violence is made and the property is then handed over, the guilty party is responsible for both extortion and theft or extortion and robbery, depending on the nature of the violence. The threat of exposing damaging information is called blackmail. For the crime of extortion the damaging information can be either real or false and slanderous. For example, according to the criminal codes of the Byelorussian, Kirghiz, and Tadzhik SSR’s, blackmail includes demanding property or the rights to property under the threat of exposing information that the victim wishes to keep secret. Extortion can be the means of committing some other crime, such as bribery. Extortion of government or societal property is punished by loss of liberty for up to four years; extortion of personal property is punished by imprisonment for up to three years or corrective labor for up to one year. IU. B. UTEVSKII extortion
ExtortionThe obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion. Elements of Offense Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another. Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion. Under the common law and many statutes, an intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. Statutes may contain words such as "willful" or "purposeful" in order to indicate the intent element. When this is so, someone who mistakenly believes he or she is entitled to the money or property cannot be guilty of extortion. Some statutes, however, provide that any unauthorized taking of money by an officer constitutes extortion. Under these statutes, a person may be held strictly liable for the act, and an intent need not be proven to establish the crime. Statutes governing extortion by private persons vary in content. Many hold that a threat accompanied by the intent to acquire the victim's property is sufficient to establish the crime; others require that the property must actually be acquired as a result of the threat. Extortion by officials is treated similarly. Some statutes hold that the crime occurs when there is a meeting of the minds between the officer and the party from whom the money is exacted. Extortion by Public Officers The essence of extortion by a public officer is the oppressive use of official position to obtain a fee. The officer falsely claims authority to take that to which he or she is not lawfully entitled. This is known as acting under color of office. For example, a highway department officer who collects money from a tax delinquent automobile owner in excess of the authorized amount on the pretense of collecting a fine is extorting money under color of office. The victim, although consenting to payment, is not doing so voluntarily but is yielding to official authority. There are four basic ways in which a public officer commits extortion. The officer might demand a fee not allowed by law and accept it under the guise of performing an official duty. He or she might take a fee greater than that allowed by law. In this case the victim must at least believe that he or she is under an obligation to pay some amount. A third method is for the officer to receive a fee before it is due. The crime is committed regardless of whether the sum taken is likely to become due in the future. It is not criminal, however, for an officer to collect a fee before it is due if the person paying so requests. Finally, extortion may be committed by the officer's taking a fee for services that are not performed. The service refrained from must be one within the official capacity of the officer in order to constitute extortion. Other Crimes Distinguished As a crime of theft, extortion is closely related to Robbery and False Pretenses. Robbery differs from extortion in that the property is taken against the will and without the consent of the victim, unlike extortion, where the victim consents, although unwillingly, to surrender money or property. Another distinguishing factor is that the nature of the threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion, on the other hand, encompasses a greater variety of threats. False pretenses is another crime that is similar to extortion. The main difference is that in the case of false pretenses, the property is obtained by a lie rather than a threat. Defenses A person who acts under a claim of right (an honest belief that he or she has a right to the money or property taken) may allege this factor as an Affirmative Defense to an extortion charge. What constitutes a valid claim of right defense may vary from one jurisdiction to another. For example, M, a department store manager, accuses C, a customer, of stealing certain merchandise. M threatens to have C arrested for Larceny unless C compensates M for the full value of the item. In some jurisdictions it is only necessary for M to prove that he or she had an honest belief that C took the merchandise in order for M to avoid an extortion conviction. Other jurisdictions apply a stricter test, under which M's belief must be based upon circumstances that would cause a reasonable person to believe that C took the item. Another, more stringent, test requires that C in fact owe the money to M. Finally, some states entirely reject the claim of right defense on the theory that M's threat is an improper means of collecting a debt. Punishment Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include Forfeiture of office. Under some statutes, the victim of an extortion may bring a civil action and recover pecuniary damages. Federal Offenses Extortion is also a federal offense when it interferes with interstate commerce. It is punishable by a fine, imprisonment, or both. Another federal statute makes it a crime to engage in extortionate credit transactions. Further readings Block, Walter, and Gary M. Anderson. 2001. "Blackmail, Extortion, and Exchange." New York Law School Law Review 44 (summer-fall): 541–61. Friedman, Lawrence M. 2002. "Name Robbers: Privacy, Blackmail, and Assorted Matters in Legal History." Hofstra Law Review 30 (summer): 1093–1132. Jacoby, Neil H., Peter Nehemskis, and Richard Eells. 1977. Bribery and Extortion in World Business: A Study of Corporate Political Payments Abroad. New York: Macmillan. Janal, Daniel S. 1998. Risky Business: How to Protect Yourself from Being Stalked, Conned, Libeled, or Blackmailed on the Web. New York: John Wiley & Sons. Katz, Leo. 1996. Ill-Gotten Gains: Evasion, Blackmail, Fraud, and Kindred Puzzles of the Law. Chicago: Univ. of Chicago Press. McClintock, David. 1983. Indecent Exposure: A True Story of Hollywood and Wall Street. New York: Dell. Cross-references Blackmail; Civil Action; False Pretenses; Robbery. extortionn. obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right (such as pretending to be an I.R.S. agent). It is a felony in all states, except that a direct threat to harm the victim is usually treated as the crime of robbery. Blackmail is a form of extortion in which the threat is to expose embarrassing damaging information to family, friends or the public. (See: blackmail, robbery, theft) extortion in English criminal law, the obtaining of a benefit by physical force. See also BLACKMAIL. In Scots law, the crime of using force to obtain money. It matters not that the money is legally due.EXTORTION, crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due. 4 Bl. Com. 141; 1 Hawk. P. C. c. 68, s. 1; 1 Russ. Cr. *144. To constitute extortion, there must be the receipt of money or something of value; the taking a promissory note, which is void, is. not sufficient to make an extortion. 2 Mass. R. 523; see Bac. Ab. h.t.; Co. Litt. 168. It is extortion and oppression for an officer to take money for the performance of his duty, even though it be in the exercise of a discretionary power. 2 Burr. 927. It differs from exaction. (q.v.) See 6 Cowen, R. 661; 1 Caines, R. 130; 13 S. & R. 426 1 Yeates, 71; 1 South. 324; 3 Penna. R. 183; 7 Pick. 279; 1 Pick. 171. Extortion
ExtortionAn illegal act in which one coerces another into providing money or something else of value. For example, one may extort money from a business by threat of force. Extortion historically has been common in organized crime.extortion
Synonyms for extortionnoun blackmailSynonyms- blackmail
- force
- oppression
- compulsion
- coercion
- shakedown
- rapacity
- exaction
Words related to extortionnoun an exorbitant chargeRelated Wordsnoun unjust exaction (as by the misuse of authority)Related Wordsnoun the felonious act of extorting money (as by threats of violence)Related Words- felony
- blackmail
- tribute
- protection
- shakedown
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