By Dex
2'
The two crimes extortion and robbery are different and the punishment for the crimes are entirely different. Most of the differences exist in the nature of the crime against property. For instance, extortion involves individuals unwillingly giving away their properties and valuables.
One needs to understand all the differences between robbery and extortion for one to demand the right punishment when afected by any of the two crimes.
Extortion involves obtaining property or actions through wrongful threats or coercion, often without direct physical force, while robbery involves taking property by force or threat during a direct encounter. The key difference lies in the timing and nature of the force or threat: robbery involves immediate force or threat during the theft, while extortion uses threats to induce consent and obtain property.
There is always a victim in any robbery. The two common examples of robbery are holdup and stickup, where victims are threatened and forced to give out their valuables. In some cases, the victims get injured or killed when they are unwilling to hand over their valuables. In other parts of the world, robbery is considered a felony act, and is punishable by law.
Moreover, robberies are grouped in various categories, and the crime is decided as per the laws depending on the degree of the crime in each state. The degree of the crime is determined by checking if there was an accomplice or not, the amount of violence used, or the type of weapon used against the victims,
Extortion involves a person being forced by another in doing something against their will by threatening the person's property or reputation. Sometimes it involves the use of violence, hard ship, or financial damage. Often, there is a use of money like racketeering or blackmail, where the victim unwillingly consents to do the bidding of another person.
The punishment of extortion is often imprisonment or fine, and sometimes both. When a public officer commits the crime of extortion, the punishment often cludes discharge.
The difference between the two crimes is that there is an immediate threat to the victim in the robbery, but victims in extortion often willingly give away their valuables or properties to avoid damage or violence, which involves both immediate and future threats.
The unlawful extraction of property from another by means of threats or coercion is extoriton.
EXAMPLE (1)
Garikai has bought a brand new Iphone XV that Togara wants. Togara threatens that if Garikai does not hand over the Iphone XV immediately, Togara will beat Garikai with a crowbar. Garikai hands over the Iphone XV. In this case, Togara has committed robbery.
EXAMPLE (2)
Garikai has just bought a brand new Iphone XV that Togara wants. Togara threatens that if Garikai does not hand over the Iphone XV immediately, Togara will send Garikai's wife photo graphs of Garikai with another woman. This is considered ex tortion.
Again, the threats required for extortion are different from those required for robbery, either because they do not involve the threat of harm which is necessary for robbery, or because the harm is threatened is not imminent.
Typically, threats to injure the victim or his property, threats to accuse the victim or a family member of the victim of a crime, threats to disgrace the victim, or threats to expose any secret that would adversely affect the victim, are all considered adequate threats for extortion.
To win a conviction, the prosecution must prove that the victim handed over the property that the accused demanded as a result of the threat. If the threat was not the reason the victim handed over the property, the accused cannot be convicted of extortion.
The Criminal Law (Codification and Reform) Act (Chapter 9:23) at Section 126 highlighted that any person who steals or does any act constituting the crime of unauthorised borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence or the threat of immediate violence immediately before or at the time he or she takes the property, in order to induce the person who has lawful control over the property to relinquish his or her control over it; or immediately after he or she takes the property, in order to prevent the person who had lawful control over the property from recovering his or her control over it. On the case of extortion the CODE explains at Section 134 that any person who intentionally exerts illegitimate pressure on another person with the purpose of extracting an advantage, whether for himself or herself or for some other person, and whether or not it is due to him or her, from that other person, or causing that other person loss; and by means of the illegitimate pressure, obtains the advantage, or causes the loss, shall be guilty of extortion and liable to a fine not exceeding level thirteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater; or imprisonment for a period not exceeding fifteen years, or both.
For the avoidance of doubt it is declared that where a person, for the purpose of inducing or compelling the payment of any money or property as damages or as marriage compensation in respect of a deceased person, leaves or deposits the deceased person's body on any land or premises occupied by another person, or hinders or prevents the burial of the deceased person's body, he or she shall be guilty of extortion or, if he or she failed to induce or compel the payment of any money or property, attempted extortion.
If a court convicting a person of extortion is satisfied that, as a result of the crime, any money or property was paid to the convicted person, the court may order the convicted person to repay that money or property to the person who paid it to him or her.
Report all forms of crime to your nearest police station.
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