5-25-4. THEFT BY EXTORTION.

Any person who obtains or exercises control over property of another with the intent to deprive the owner thereof by extortion is guilty of theft.

Extortion occurs when a person threatens to:

  1. Inflict bodily injury on any person or commit any other criminal offense; or
  2. Accuse anyone of a criminal offense; or
  3. Take or withhold action as an official, or cause an official to take or withhold action; or
  4. Expose any secret tending to subject any person to hatred contempt, or ridicule, or to impair his credit or business reputation; or
  5. Bring about or continue a strike, boycott, or other collective unofficial action, of the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
  6. Testify or provide information, or withhold testimony or information, with respect to another’s legal claim or defense; or
  7. Inflict any other harm which would not benefit the actor but which would substantially harm any other person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or person relationship.

It is an affirmative defense to prosecution based upon paragraphs (2), (3), or (4) of this Section, that the property obtained was honestly due as restitution or indemnification for harm done in the circumstances to which the threat of accusation, exposure, or official action related, or as compensation for a legitimate debt.

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