California Extortion & Blackmail Law | Penal Code 518 pc

California extortion laws are defined in Penal Codes 518 to 527 PC. Penal Code 518 defines extortion (which is commonly referred to as blackmail) as:

1. using force or threats to compel another to give you money or other property,



2. using force of threats to compel a public officer to perform an official act, or



3. being a public official and compelling another to give you money or other property acting under color of official right.¹

Extortion is typically charged as a felony, punishable by up to four years in the California State Prison and by a maximum $10,000 fine.²

While the consequences of committing extortion are severe, there are many defenses which make this crime certainly one worth fighting. Being falsely accused of (and wrongly arrested for) blackmail can result in unjust charges being filed against you...a situation that experienced California extortion defense attorneys expect and are ready to challenge.

In order to better understand extortion...and the defenses that are available to it...our Los Angeles criminal attorneys will provide a comprehensive guide to California's extortion laws by addressing the following topics:

What is Extortion under California Penal Code 518 PC?

How Does the Prosecutor Prove that I Committed Extortion under Penal Code 518 PC?

California Extortion and Related Offenses

Penalties, Punishment, and Sentencing for Penal Code 518 Extortion

How Do I Fight Extortion Charges?

If, after reading this article, you have additional questions, we invite you to contact us. You may also find helpful information in our related articles on Penal Code 211 pc Robbery, Penal Code 215 pc Carjacking, Penal Codes 207 & 210 pc Kidnapping, Penal Code 459 pc Burglary, Penal Code 487 Grand Theft by false pretenses, federal charges and white collar crime.

What is Extortion under California Penal Code 518 PC?

As previously stated, California Penal Code 518 punishes you for extortion when you obtain property (or an official act) from another through force or fear. "Fear" (as it applies to blackmail), refers to one of four types of threats:

1. a threat to injure a person or property,



2. a threat to accuse the targeted individual (or any of his/her relatives) of a crime,



3. a threat to connect the targeted individual (or any of his/her relatives) with a disgrace, deformity, or crime, or



4. a threat to reveal a secret affecting the targeted individual (or any of his/her relatives).

What's interesting about extortion is that the threat itself could be perfectly legal. If, for example, you threaten to tell the police that your neighbor is growing marijuana, you commit no crime. However, if you tell your neighbor that you are going to tell the police that he is growing marijuana unless he gives you a portion of the drugs, you commit blackmail.

The purpose behind California's extortion laws is to protect against self-help by resorting to force or fear. As a result, there are no "claim of right" or "good faith exception" defenses to Penal Code 518 pc extortion.³ So...

If you threaten another with force or fear, regardless of whether (1) you believe you have a right to the property, or (2) that person actually committed the crime that you threaten to report, the prosecution may charge you with extortion.⁴

"Force" is obviously inflicted in person...but the fear that is conveyed via the above threats may be made in person or through other acts. These other acts, though less obvious, may still lead to white collar (that is, non-violent) criminal extortion charges.

Other acts constituting blackmail

If, based on one of these threats or a forceful act, you compel the targeted person to sign a check or other written document...even if you don't intend to use it or don't have the opportunity to use it...you may be charged with Penal Code 518 extortion.⁵

Similarly, if you send or deliver one of these threats in a letter or other writing (an e-mail, text message, etc.), you invite a blackmail charge. This is the case regardless of whether:

1. you actually receive the requested property and/or act,⁶



2. you write/dictate/compose and/or sign the letter,⁷ or



3. the letter is actually received by the intended recipient. (The crime of extortion in California is complete as soon as the letter is either delivered or deposited in a post office or other place intending it to be delivered).⁸

It should be noted that using the post office, telephone lines, or a computer to convey your threats could subject you to federal charges. Federal charges may be initiated anytime you rely on federal modes of communication to commit a crime.

Along these same lines, you may be prosecuted for a California blackmail crime if you deliver, or have another deliver, (1) a false document that either claims to be an official court document or is designed to convince the targeted individual that it is an official court document, (2) intending to obtain property or anything of value from that person based on that document.⁹

If you sell, publish, distribute, offer to sell, or take any part in the making of such a document, you also subject yourself to criminal charges under California extortion laws.¹⁰

Originally, extortion was only charged against public officials who acted under color of official right. Acting under "color of official right" means that the officer or other official falsely claims authority to take that to which he or she is not lawfully entitled.¹¹

However, Penal Code 518 has expanded the scope so that anyone in California can be prosecuted for the crime of blackmail / extortion.¹²

How Does the Prosecutor Prove that I Committed Extortion under Penal Code 518 PC?

In order to prove that you committed the crime of extortion (or blackmail), the prosecution must prove the following four facts (otherwise known as "elements of the crime")¹³:

1. you obtained property (or an official act) from another,



2. the property or official act was obtained with the consent of that person,



3. that consent was induced through the wrongful use of force or fear, and



4. you wrongfully used force or fear specifically intending to induce that person to consensually give you property or perform an official act.

Let's flush out some of these elements to gain a better understanding of exactly what this means.

Official act

An "official act" is one that the public officer does in his/her official capacity, using the authority of his/her public office. "Public officers" include (but are not limited to) elected officials, law enforcement officers, and anyone else employed by the government whose duty it is to uphold the law.

If, for example, you are a lobbyist trying to persuade a congressman that a particular law is bad for the environment, there is no crime. However, if your approach involves threatening to expose his extramarital affair if he doesn't vote your way, you would be guilty of the crime of blackmail.

Since congressmen regularly vote on laws in their official capacity, one would be performing an "official act" in voting down a law in exchange for your keeping his affair a secret.

Consent

Although "consent" typically refers to the free will with which an act is made, it takes on a slightly different meaning with respect to California extortion laws. Under Penal Code 518 PC, "consent" is still a willful act...however, it is coerced, only given to avoid threatened violence or other harm.

So... coerced and unwilling consent compelled by wrongful force or fear nonetheless constitutes consent in California extortion cases.¹⁴

In fact, the force or fear induced by your threat must be the reason why the other person consented to (1) give you his/her property, (2) perform an official act¹⁵, or (3) sign a document¹⁶.

Fear

As previously stated, the type of fear that is relevant to California extortion law revolves around four types of threats: (1) a threat to injure a person or property, (2) the threat of a criminal accusation, (3) a threat to expose a disgrace, deformity, or criminal activity, and (4) a threat to reveal a secret.

You can be convicted of extortion even if you don't

• demand a specific sum of money¹⁷, or



• use specific "threatening words" or other obvious language (as threats may be inferred by the circumstances)¹⁸,

just as long as the threat falls into one of the above four categories.¹⁹ And, on that note, numbers one, two, and four of these categories require further explanation.

Defining "Injury"

The type of injury that is referred to in California extortion law must be an "unlawful" injury. This means that if you have a legal right to do that which you threaten, you are not threatening the type of injury that is required in order for you to be convicted of extortion.²⁰ This obviously wouldn't apply to a bodily injury, as a bodily injury will always be unlawful.

So, for example, if you are a policeman and threaten to incarcerate someone (who has done nothing wrong) unless he pays you $3,000, the threat of incarceration qualifies as an unlawful injury.

Defining "Accusation of a crime"

With respect to threatening a crime, the crime doesn't need to be specific. The only requirement is that your intended victim is fearful that he/she may be accused of a crime.²¹

Defining "Secret"

The type of secret that is referred to must be one that isn't known to the general public (or to anyone who might otherwise be interested in obtaining the information).

It is additionally required that the secret be of such a nature that it would

1. have such a negative impact on the reputation or other interest or concern of the alleged threatened person (or his/her family), that



2. it would likely compel the individual to give up property or agree to perform an official act,



3. in order to avoid the secret's exposure.²²

California Extortion and Related Offenses

There are a variety of offenses that relate to extortion. It may be that they have similar "elements of the crime" or that they are frequently charged in connection with blackmail charges. The following is a list (and brief description) of some of the most common.

Bribery

Bribery is also an illegal attempt to obtain money, property or acts from another. Although it sounds like blackmail, it is a separate and distinct offense.²³ You may be guilty of bribery if you are

• a public official,



• an athlete or sport official, or



• a witness or juror

and offer to give or offer to accept money or property in exchange for a promised act. Unlike extortion, there is no force or fear requirement.

The act of offering or asking for a bribe is complete once the offer or proposal is made, regardless of whether the other party accepts. Extortion, however, isn't complete until the targeted individual consensually provides the property, money, or services.

You could therefore be charged with asking for a bribe (based solely on the initial act of asking) and extortion if the requested property is ultimately turned over.

Penal Code 211 Robbery

Extortion is often confused with robbery. A Penal Code 211 robbery takes place when you take property from another, against that person's will, by using force or fear.24

Extortion, by contrast, takes place when you compel another to agree to give you property or to perform services through force or fear. The other person's consent is therefore the critical difference between the two offenses.

Another major difference is that the threat involved in a robbery is that of immediate harm. The threats that are conveyed in extortion may involve immediate harm, although many do not.

Penal Code 215 Carjacking

Penal Code 215 defines carjacking as taking a car from another's immediate possession through force or fear.²⁵ Like robbery, the taking is against the person's will and, as a result, carjacking is a separate crime from extortion.

That said, carjacking and robbery are actually forms of extortion...what's the difference between me handing over my wallet or car to avoid being shot vs. giving you money to avoid being accused of a crime? In reality, there really isn't one.

However, the law does recognize all three as separate offenses, each punishable in a different way. For that matter, California Penal Code 520 even states that extortion "not rising to the level of robbery of carjacking" will be punished in the following manner...²⁶

Penal Code 459 Burglary

Penal Code 459 defines burglary as entering a structure with the intent to commit theft or any felony inside. If, for example you enter a business intending to blackmail or extort money from the owner, this constitutes burglary. If you do in fact extort money form someone inside the business, you could be charged with Penal Code 459 burglary and Penal Code 518 extortion.

Penal Codes 207 & 210 Kidnapping

Penal Code 207 defines kidnapping as the use of force or fear to take a person and move him/her a substantial distance.²⁷ Penal Code 210 penalizes you if you kidnap another (or pose as a kidnapper) for the purpose of collecting a ransom or reward or to extort money or property from another.²⁸

So although kidnapping and extortion wouldn't be charged separately, extortion may be an "element" of a kidnapping offense.

Penal Code 487 Grand Theft by false pretenses

A theft by false pretenses takes place when you make false representations to defraud another out of his/her property.²⁹ While this is similar to blackmail, in that you are "consensually" obtaining another's property...it is different in that the consent is given based on a lie, as opposed to a threat.

When the value of the property taken exceeds $400, a felony grand theft may be charged under Penal Code 487. If the value is $400 or less, only a Penal Code 488 petty theft may be charged. A Penal Code 488 petty theft is a straight misdemeanor.

Penalties, Punishment, and Sentencing for Penal Code 518 Extortion

As previously stated, extortion is typically charged as a felony, punishable by two, three, or four years in the California State Prison and a maximum fine of $10,000.³⁰

If the person you allegedly blackmail is a "dependant person" (that is, someone whose mental and/or physical impairment restricts daily activities) or a "senior", that will be considered an aggravating factor when the judge imposes your sentence.³¹

Perhaps the most noteworthy point about Penal Code 518 pc sentencing is that, unlike a typical "attempted" crime, an attempted extortion conviction may be punished in almost the same manner as if the attempt had been successful.

Generally speaking, California attempted crimes are punishable by half of the jail or prison time and/or half of the maximum fine of the completed crime.³² Attempted extortion, however, carries a maximum county jail sentence of one-year, a state prison sentence of 16 months, or two, or three years, and the same maximum $10,000 fine.³³

How Do I Fight Extortion Charges?

Depending on the circumstances of your specific case, there are a number of defenses that a skilled California extortion attorney could present on your behalf. The following are a few of the most effective.

Consent

It bears repeating that consent is an element of extortion...the person who you are allegedly blackmailing must willfully (although not wholeheartedly) give you the money, property, or services that you are demanding.

As previously stated, the force or fear induced by your threat must be the reason why the other person consents to giving you his/her property or to performing an official act. If you can prove that something other than your threat is the main reason why the alleged victim consents, you must be acquitted of a California extortion charge.³⁴

This may be the situation where, for example, the person you allegedly blackmailed knew that the requested property was illegally obtained and he wanted to "rid himself" of it anyhow. Or, perhaps, he wasn't at all fearful, but consented because he wanted to "frame" you for the crime...which leads to the next defense...

False accusations / Innocence

False accusations may often lead to wrongful arrests and unlawful charges. If, for example, you and your wife are in the middle of heated divorce proceedings, she may accuse you of Penal Code 518 extortion by alleging that you threatened to hurt her if she didn't give you the car.

People are often motivated by anger, jealousy, or revenge and may initiate false criminal charges as a way of "getting back" at you. An experienced extortion defense lawyer knows how to uncover these (and any other types) of false allegations and how to convince the prosecutor, judge, and/or jury that you are, in fact, innocent of the charges.

Insufficient evidence

There are a variety of ways that this defense could apply to California extortion law. For example, you may be able to prove that you didn't threaten the other person, and that there was just a misunderstanding. You thought that the other was simply giving you his/her property, services, etc. based on a mutual agreement.

Or, if, for example, you can prove that the person from whom you allegedly extorted property wasn't placed in actual fear, you can't be convicted of this offense.

As Michael Scafiddi, one of San Bernardino's top criminal defense attorneys (and a former police officer) puts it, "Prosecutors are quick to file extortion charges, many times without sufficient evidence. It's my job to highlight inconsistencies and weaknesses in their case in an effort to have your charges either reduced or dismissed."

For more information about California extortion laws or to speak confidentially to an attorney about your case, we invite you to contact us. We have local criminal law offices in the San Francisco Bay area, Ventura, Los Angeles, Orange County, Riverside, and many other areas.

Legal References:

¹California Penal Code 518 -- Definition. ("Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.")

²California Penal Code 520 -- Punishment. ("Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment in the state prison for two, three or four years.") See also California Penal Code 672 -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")

³People v. Lancaster, (2007) 41 Cal.4th 50, 88 ("The claim-of-right defense does not extend to the California crime of extortion [or blackmail].")

⁴Flatley v. Mauro, (2006) 39 Cal.4th 299, 326 ("[For purposes of California extortion law "[i]t is immaterial that the money which petitioner sought to obtain through threats may have been justly due him"]; Gomez v. Garcia (9th Cir.1996) 81 F.3d 95, 97 ["The law of extortion (or blackmail) in California was established in 1918 that belief that the victim owes a debt is not a defense to the crime of extortion"].) Moreover, threats to do the acts that constitute extortion under Penal Code section 519 are extortionate whether or not the victim committed the crime or indiscretion upon which the threat is based and whether or not the person making the threat could have reported the victim to the authorities or arrested the victim.")

⁵California Penal Code 522 [Blackmail] -- Signature; obtaining by means of threats; punishment. ("OBTAINING SIGNATURE BY MEANS OF THREATS. Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained.")

⁶California Penal Code 523 -- Threatening letters; intent; punishment. ("SENDING THREATENING LETTERS WITH INTENT TO EXTORT MONEY, ETC. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in [California Penal Code] Section 519 [extortion], is punishable in the same manner as if such money or property were actually obtained by means of such threat.")

⁷California Jury Instructions - Criminal. 14.78 -- Extortion-Authorship of Threatening Letter Not Material. ("In the crime of sending a threatening letter with intent to extort [or commit blackmail], it is not essential that the person who sends or delivers the letter was its author or had any part in dictating, writing or wording it. The crime consists in sending or delivering that letter to another person with the intent previously described, regardless of its authorship.")

⁸California Jury Instructions - Criminal. 14.79 -- Extortion-When Offense of Sending Threatening Letter Complete. ("The offense of sending a threatening letter with intent to extort is complete when the letter is deposited in any post office or any other place, or delivered to any person, with intent that it shall be forwarded. It is not necessary that it be received by the intended recipient.")

⁹California Penal Code 526 -- Use of documents resembling court order or process; intent; separate offense for each delivery. ("Any person, who, with intent to obtain from another person any money, article of personal property or other thing of value, delivers or causes to be delivered to the other person any paper, document or written, typed or printed form purporting to be an order or other process of a court, or designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead the other person to believe it to be an order or other process of a court, when in fact such paper, document or written, typed or printed form is not an order or process of a court, is guilty of a misdemeanor, and each separate delivery of any paper, document or written, typed or printed form shall constitute a separate [blackmail or extortion] offense.")

¹⁰California Penal Code 527 -- Publication and sale of documents resembling court order or process; separate offense for each publication; destruction of documents. ("Any person who shall sell or offer for sale, print, publish, or distribute any paper, document or written, typed or printed form, designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead any person to believe it to be, or that it will be used as an order or other process of a court when in fact such paper, document or written, typed or printed form is not to be used as the order or process of a court, is guilty of [extortion] a misdemeanor, and each separate publication, printing, distribution, sale or offer to sell any such paper, document or written, typed or printed form shall constitute a separate [blackmail] offense, and upon conviction thereof in addition to any other sentence imposed the court may order that all such papers or documents or written, typed or printed forms in the possession or under the control of the person found guilty of such misdemeanor shall be delivered to such court or the clerk thereof for destruction.")

¹¹People v. Peck, (1919) 43 Cal.App. 638, 643 ("At the common law, [California] extortion was confined to 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, and it is so defined. In most of the states the crime of extortion is defined by statutes which are substantially declaratory of the common law offense.")

¹²See same. ("In some instances, however, the statutory definitions have extended the scope of the offense beyond that of the common law so as to include the unlawful taking of money or thing of value of another by any person, whether a public officer or a private individual, and this is so in California, as will be observed from the language of section 518 of the Penal Code, which reads as follows: "Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right."")

¹³California Jury Instructions - Criminal. 1470 -- Extortion defined. ("In order to prove this crime, each of the following elements must be proved: [1] A person obtained property from the alleged victim; [2] The property was obtained with the consent of the alleged victim; [3] The alleged victim's consent was induced by the wrongful use of [force] [or] [fear]; and [4] The person who wrongfully used [force] [or] [fear] did so with the specific intent to induce the alleged victim to consent to the giving up of [his] [her] property.")

¹⁴California Jury Instructions - Criminal. 14.74 -- What constitutes consent. ("The delivery of the [money] [property] [or] [__________] is the lesser of two unpleasant alternatives. Consent as used in the law of extortion exists under these circumstances, notwithstanding the fact that the person threatened may silently protest in [his] [her] own mind against the circumstances which compel the choice. A coerced and unwilling consent compelled by the wrongful use of force or fear constitutes consent in extortion.")

¹⁵California Jury Instructions - Criminal. 14.73 -- Causal relation between fear and consent. ("To constitute Penal Code 518 extortion, the [force] [or] [fear induced by the threat] must be the operating or inducing cause which produces consent and results in the [property] [money] [or] [__________] being delivered to another.")

¹⁶Judicial Council Of California Criminal Jury Instruction 1832 -- Extortion of signature. ("[The fear caused by the threat must be the controlling reason that the other person signed the document. If the person signed the document because of some other controlling reason, the defendant is not guilty of extortion.]")

¹⁷People v. Hesslink, (1985) 167 Cal.App.3d 781, 787. ("Citing a long list of cases in which the accused demanded from the victim a specific sum of money, defendant points out that he did not and argues that evidence of a request or demand for a specific sum is required to support a conviction for extortion. We do not agree. [California] Penal Code section 518 which defines the crime of extortion [or blackmail] contains no such requirement.")

¹⁸People v. Massengale, (1968) 261 Cal.App.2d 758, 765. ("'No precise words are necessary to convey a threat [for purposes of the California crime of blackmail]. Conduct takes its legal color and quality more or less from the circumstances surrounding it.'").

¹⁹People v. Umana, (2006) 138 Cal.App.4th 625, 639. ("Only threats that fall within one of these four categories of [California Penal Code] section 519 will support a crime of extortion.")

²⁰California Jury Instructions - Criminal. 14.72 -- Extortion - Meaning of term unlawful injury. ("The words "unlawful injury" mean an injury which, if inflicted, would create civil liability against the person doing it and would support a civil action against [him] [her]. A threat to do that which one has a legal right to do is not a threat to do an unlawful injury.")

²¹See Flatley v. Mauro, endnote 3 above at 327. ("Furthermore, the crime with which the extortionist threatens his or her victim need not be a specific crime. "[T]he accusations need only be such as to put the intended victim of the extortion in fear of being accused of some crime.")

²²California Jury Instructions - Criminal. 14.75 -- Threats to expose secret as an act of extortion. ("[to support a blackmail conviction]...the evidence must show the following facts: [1] The secret was unknown to the general public or to any person who might have been interested in obtaining the information. [2]] The secret must concern [a] matter[s] of fact related to things past, present or future; and [3] The secret, whether relating directly to [the person threatened] [or] [a member of [his] [her] family] [or] [a relative], involved a fact unfavorable to the reputation or to some other interest or concern of the threatened person that the exposure thereof would have been likely to induce the alleged victim to [pay money] [or] [transfer property] [or] [__________] for the purpose of avoiding the exposure.")

²³People v. Powell, (1920) 50 Cal.App. 436, 440. ("That extortion and bribery are two separate and distinct offenses under California law is, we think, beyond dispute.")

²⁴California Penal Code 211 -- Definition [of Robbery]. ("Robbery defined. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.")

²⁵California Penal Code 215 -- Carjacking; punishment. ("(a) "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.")

²⁶See California Penal Code 520, endnote 2 above.

²⁷California Penal Code 207 -- Kidnapping defined. ("(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.")

²⁸California Penal Code 210 -- Extortion by posing as kidnapper or by claiming ability to obtain release of victim; punishment; exception. ("Every person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of value, poses as, or in any manner represents himself to be a person who has seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away any person, or who poses as, or in any manner represents himself to be a person who holds or detains such person, or who poses as, or in any manner represents himself to be a person who has aided or abetted any such act, or who poses as or in any manner represents himself to be a person who has the influence, power, or ability, to obtain the release of such person so seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away, is guilty of a felony and upon conviction thereof shall be punished by imprisonment for two, three or four years.")

²⁹California Penal Code 484 -- Theft defined. ("(a) Every person who shall...knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property...is guilty of theft.")

³⁰See endnote 2 above.

³²California Penal Code 664 -- Attempts; punishment. ("Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows: (a) If the crime attempted is punishable by imprisonment in the state prison, the person guilty of the attempt shall be punished by imprisonment in the state prison for one-half the term of imprisonment prescribed upon a conviction of the offense attempted...(b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted. (c) If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted.")

³³California Penal Code 524 -- Attempts; punishment [extortion]. ("Every person who attempts, by means of any threat, such as is specified in Section 519 of this [California Penal] code, to extort money or other property from another is punishable by imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment.")

³⁴California Jury Instructions - Criminal. 14.73 -- Causal relation between fear and consent. ("If some other cause is the primary and controlling cause for the consent to the property being delivered to another, the crime of extortion has not been proved.")

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