Extortion and Blackmail in Louisiana
Extortion is a crime in Louisiana punishable by no less than one year in jail and up to 15 years of incarceration. Extortion is also commonly known as "blackmail." Under Louisiana Revised Statutes 14:66, "extortion" is defined as "... the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity of any description." Specific examples are stated, such as:
A threat to do any unlawful injury to the person or property of the individual threatened or of any member of his family or of any other person held dear to him.
A threat to accuse the individual threatened, or any member of his family or any other person held dear to him of any crime.
A threat to expose or impute any deformity or disgrace to the individual threatened or to any member of his family or to any other person held dear to him.
A threat to expose any secret affecting the individual threatened, or any member of his family or any other person held dear to him.
A threat to cause harm as retribution for participation in any legislative hearing or proceeding, administrative proceeding, or in any other legal action.
The statute also has a "catch-all" category that states that extortion is "a threat to do any other harm."
Given the broad language of the catch-all provision -- "do any other harm" -- Louisiana courts have held that threats of economic injury or to property interests can satisfy the definition of extortion. If you have been accused or charged with extortion, contact us here at the Law Offices of Philip B. Adams, LLC. We are experienced Shreveport criminal defense attorneys. Our offices are in Shreveport, and we offer criminal defense legal services in Caddo Parish, Bossier Parish, Red River Parish, De Soto Parish, and all other parishes in Louisiana.
Louisiana law enforcement officials DO investigate claims of extortion, and persons who are accused of extortion ARE prosecuted. For example, as reported by the Sun Herald, a New Orleans man was investigated for extortion after he was fired, and he demanded payment of $20,000 from his former employer. The former employee threatened to report fake crimes by his former employer and also demanded "settlement money" for alleged "pain and suffering" after claiming he fell several times at work.
Louisiana criminal defense and exemptions
Note that where the threat is lawful, there is no crime of extortion. Thus, if a lender threatens to foreclose on real property if payments are not made, that action -- foreclosure -- is lawful. Thus, the threat is not extortion. The same is true for repossessing a vehicle if the installment payments are not made, and such would be true for lawful political and labor activity like threatening a union strike.
Other defenses can depend on the type of extortion charged. If it is alleged that the extortion involved a threat to reveal a secret, it might be a criminal defense to show that the facts were not, in fact, secret.
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case.