Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Extortion by means of threat of injury under Massachusetts General Law Chapter 265, § 25 as follows:
Section 25. Whoever, verbally or by a written or printed communication, maliciously threatens to accuse another of a crime or offence, or by a verbal or written or printed communication maliciously threatens an injury to the person or property of another, or any police officer or person having the powers of a police officer, or any officer, or employee of any licensing authority who verbally or by written or printed communication maliciously and unlawfully uses or threatens to use against another the power or authority vested in him, with intent thereby to extort money or any pecuniary advantage, or with intent to compel any person to do any act against his will, shall be punished by imprisonment in the state prison for not more than fifteen years, or in the house of correction for not more than two and one half years, or by a fine of not more than five thousand dollars, or both.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant engaged in a verbal, written or printed communication;
Second: That the communication constituted a threat;
Third: That the threatening communication was undertaken maliciously.
Fourth: That the threat to do injury to the person or property of another; and
Fifth: That the threat was undertaken with the intent to extort money or other pecuniary advantage, or to compel another to do an act against his will.
The first element the Commonwealth must prove beyond a reasonable doubt is that the defendant engaged in a verbal, written or printed communication. To satisfy this element, the Commonwealth must establish beyond a reasonable doubt
that the defendant, by spoken words or by way of writing, conveyed information to another person. Gestures, unaccompanied by spoken words or by writing, are not sufficient to establish this element of attempted extortion.
The second element the Commonwealth must prove beyond a reasonable doubt is that the communication constituted a threat. A communication constitutes a threat if a reasonably prudent person would construe it as conveying an intention to do a particular wrongful act. The state of mind of the person threatened is not controlling when one determines whether a given communication constitutes a threat. If the statement would have had the effect of a threat on the mind of a reasonable, ordinary person, then it constitutes a threat for the purpose of this alleged offense.
The third element the Commonwealth must establish beyond a reasonable doubt is that the communication in question was undertaken maliciously. “Maliciously” means that the defendant intended to inflict injury or otherwise do wrong without legal excuse.
The fourth element the Commonwealth must prove beyond a reasonable doubt is that the threat that was made constituted a threat to injure the victim.
To threaten injury to another naturally includes a threat to use actual physical force on that person or on his or her property. An injury to a person’s reputation may be injury to a person.
payment of a just debt—that is, money that the alleged victim rightfully may have owed to the defendant. It is for you to decide the meaning of words spoken or printed in determining whether the Commonwealth has proven beyond a reasonable doubt a threat within the scope text and circumstances attending their use. You should be mindful that words might mean one thing in the abstract and another thing in a particular context.
The fifth and final element the Commonwealth must prove beyond a reasonable doubt is that the subject threat was made by the defendant with the intent to extort money, or for pecuniary or monetary advantage, or to compel another person to do any act against his or her will.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.