Extortion under color of official right refers to the illegal act of a public official obtaining property or money from another person by misusing their official position. This can occur with or without the use of threats, force, or intimidation. Essentially, it involves a public officer wrongfully taking something that does not rightfully belong to them, exploiting their authority to do so.
This term is primarily used in criminal law, where it pertains to the actions of public officials who exploit their authority for personal gain. Extortion under color of official right can lead to serious legal consequences, including criminal charges. Individuals who believe they are victims of such extortion may need to file complaints or seek legal remedies. Users can find helpful legal templates on US Legal Forms to assist in documenting their experiences or pursuing legal action.
Here are a couple of examples of abatement:
Example 1: A police officer demands money from a business owner, claiming it is a fee for a permit that is not actually required. This is a case of extortion under color of official right.
Example 2: A city official threatens to deny a contractor's permit unless they pay a bribe. This scenario illustrates the misuse of authority for personal gain (hypothetical example).
| State | Key Differences |
|---|---|
| California | Extortion laws include specific penalties for public officials who misuse their position. |
| New York | Has strict definitions and penalties for extortion, including those under color of official right. |
| Texas | Extortion laws may vary slightly, with different thresholds for what constitutes misuse of authority. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Bribery | Offering something of value to influence a public official's actions. | Bribery involves giving something, while extortion involves taking under threat or authority. |
| Fraud | Deception to secure unfair or unlawful gain. | Fraud typically involves deceit without the authority aspect present in extortion. |
If you believe you are a victim of extortion under color of official right, consider taking the following steps:
Browse our library of 85,000+ state-specific legal templates.
Document the incidents and seek legal advice to understand your options.