Alabama Extortion Charges: Degrees, Penalties, and Defenses

Extortion charges in Alabama are always felonies. The state splits the offense into two degrees based on the kind of threat used, with first-degree extortion carrying two to twenty years in prison and second-degree extortion carrying just over a year to ten years. The value of what was taken does not change the degree; the nature of the threat does.

What Counts as Extortion in Alabama

Under Alabama Code Section 13A-8-13, a person commits extortion by knowingly obtaining control over someone else’s property through a threat, with the intent to deprive that person of the property.1Alabama Legislature. Alabama Code 13A-8-13 – Extortion – Definition It sits in the state’s theft chapter for a reason: the threat is doing the work of a physical taking.

Section 13A-8-1 sets out the threats that qualify:2Alabama Legislature. Alabama Code 13A-8-1 – Definitions

  • Causing physical harm to the person threatened or to anyone else
  • Damaging property
  • Physically confining or restraining someone
  • Accusing someone of a crime or causing criminal charges to be brought
  • Exposing a secret or publicizing information, true or false, that would subject someone to hatred, contempt, or ridicule
  • Revealing concealed information the person wants kept private
  • Manipulating testimony or withholding information related to a legal claim
  • Abusing official authority by taking or withholding official action
  • Organizing a strike or boycott to obtain property not demanded for the benefit of the group the person claims to represent
  • Any other action calculated to substantially harm another person’s health, safety, business, career, finances, reputation, or personal relationships

That last item is a catch-all. If a threatened act would not substantially benefit the person making the threat but is designed to hurt the target, it can support an extortion charge even when the specific threat does not fit the earlier categories.

First Degree vs. Second Degree

The line between the two degrees is drawn on the threat itself.

First-degree extortion covers threats of physical harm and threats of physical confinement or restraint. The state treats these as the most dangerous, and the charge is a Class B felony.3Alabama Legislature. Alabama Code 13A-8-14 – Extortion in the First Degree

Second-degree extortion covers every other qualifying threat: property damage, criminal accusations, exposing secrets, damaging reputation or career, abusing official power, and the rest of the Section 13A-8-1 list. It is a Class C felony.4Alabama Legislature. Alabama Code 13A-8-15 – Extortion in the Second Degree Alabama has no separate blackmail statute; threatening to release damaging information unless someone pays is prosecuted as second-degree extortion under the provisions covering secrets, embarrassing publicity, and concealed information.2Alabama Legislature. Alabama Code 13A-8-1 – Definitions

The dollar amount does not matter for classification. Fifty dollars extorted with a threat of violence is first-degree; fifty thousand extorted with a threat to expose a secret is second-degree.

Penalties

Extortion sentences follow Alabama’s general felony ranges:

Felony imprisonment in Alabama includes hard labor. Where a sentence lands within the range depends on prior record, the severity of the threat, and the amount of property involved.

A conviction usually brings restitution on top of the sentence. Section 15-18-65 directs courts to require full compensation for the victim’s direct and indirect pecuniary losses,7Alabama Legislature. Alabama Code 15-18-65 – Legislative Findings; Purpose which for extortion typically means returning the money or property taken.

Attempted Extortion

An unsuccessful extortion is still a felony. Section 13A-4-2 drops attempt one classification below the completed crime,8Alabama Legislature. Alabama Code 13A-4-2 – Attempt so attempted first-degree extortion is a Class C felony (1 year and 1 day to 10 years), and attempted second-degree extortion is a Class D felony. If the victim refuses to pay or reports the threat before property changes hands, the charge does not go away.

The Claim of Right Defense

Alabama gives one narrow statutory defense, and it applies only to second-degree extortion, and only when the threat was to accuse someone of a crime. The defendant can argue that the property was honestly claimed as restitution for harm done, or as compensation for property or lawful services connected to the underlying situation.4Alabama Legislature. Alabama Code 13A-8-15 – Extortion in the Second Degree

A practical example: someone steals your car, and you tell them you will report the theft unless they return it. That is technically a threat to accuse someone of a crime to obtain property, but the defense protects you because you were seeking the return of your own property. The defendant has to raise it; the state still has to prove guilt beyond a reasonable doubt.

The defense does not reach first-degree extortion, and it does not reach any other second-degree threat. Threatening to expose a secret to recover money you believe you are owed has no statutory defense in Alabama.

Extortion, Robbery, and Coercion

Timing separates extortion from robbery. Robbery under Section 13A-8-43 requires the use or threat of immediate physical force during a theft, face to face.9Alabama Legislature. Alabama Code 13A-8-43 – Robbery in the Third Degree Extortion typically involves a threat of future harm: pay me next week or I release the photos, not hand over your wallet right now.

Criminal coercion under Section 13A-6-25 looks similar to extortion but targets different conduct. It punishes using threats to force someone to do something unlawful or to stop them from doing something lawful, rather than to obtain property.10Alabama Legislature. Alabama Code 13A-6-25 – Criminal Coercion The qualifying threats are narrower: confining or restraining someone, causing physical injury, or damaging property or reputation. Coercion is a Class A misdemeanor, with up to one year in county jail11Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations and a fine up to $6,000.12Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations The distinction between compelling behavior and obtaining property can be the difference between a misdemeanor and a felony.

Federal Extortion Charges

Extortion can also be prosecuted federally under the Hobbs Act, 18 U.S.C. Section 1951, when the conduct affects interstate or foreign commerce. The federal definition reaches obtaining property through wrongful use of actual or threatened force, violence, or fear, as well as extortion under color of official right, meaning a public official using their position to extract payments.13Office of the Law Revision Counsel. 18 USC 1951 – Interference With Commerce by Threats or Violence The maximum federal sentence is 20 years. State and federal charges can both be brought for the same conduct because separate sovereigns can prosecute independently. Federal charges are most common when the extortion targets a business, involves a public official, or crosses state lines.

Statute of Limitations

The general Alabama statute of limitations for felonies is five years under Section 15-3-1. Section 15-3-5 removes the time limit entirely for felonies involving the use, attempted use, or threat of violence, which can bring first-degree extortion within the no-limitations exception because it involves threats of physical harm or confinement. Second-degree extortion, built on non-violent threats like exposing secrets or damaging a reputation, typically falls under the standard five-year limit. Criminal coercion, as a misdemeanor, is governed by the 12-month limit in Section 15-3-2.