2C :20-5. Theft by extortion

2C :20-5.  Theft by extortion

    A person is guilty of theft by extortion if he purposely and unlawfully obtains property of another by extortion.  A person extorts if he purposely threatens to:

    a.  Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;

    b.  Accuse anyone of an offense or cause charges of an offense to be instituted against any person;

    c.  Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;

    d.  Take or withhold action as an official, or cause an official to take or  withhold action;

    e.  Bring about or continue a strike, boycott or other collective action, if  the property is not demanded or received for the benefit of the group in whose  interest the actor purports to act;

    f.  Testify or provide information or withhold testimony or information with  respect to another's legal claim or defense;  or

    g.  Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

    It is an affirmative defense to prosecution based on paragraphs b, c, d or f  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.

    L.1978, c. 95, s. 2C :20-5, eff. Sept. 1, 1979.  Amended by L.1979, c. 178, s. 34, eff. Sept. 1, 1979.