Criminal Code: Section 346
Extorsion
Criminal Code: Section 346
Extorsion
Overview
To establish a verdict of guilt, it is necessary to prove four elements:
- The defendant induced or attempted to induce a person to perform or have an action performed.
- To do this, the defedant used threats, accusations, or violence.
- The defendant acted with the intent to obtain something in return.
- The defendant did not act with a reasonable justification or excuse.
For example, this applies when one person threatens another with a weapon to obtain money.
Legal Consequences
The maximum penalty for a charge of extortion is life imprisonment. Additionally, if the offense was committed with a firearm and in connection with a criminal organization, the Criminal Code provides for minimum sentences: 5 years of imprisonment for a first offense and 7 years for a repeat offense. In other cases where a firearm is used, the minimum sentence is 4 years of imprisonment.
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