California Penal Code section 518 makes it a felony to obtain property, money, sexual conduct, an intimate image, or an official act from another person, with that person’s consent, through the wrongful use of force or fear. A conviction carries two, three, or four years of incarceration and a fine of up to $10,000. Physical violence is not required; a threat to expose a secret, report someone’s immigration status, or accuse them of a crime is enough if it’s paired with a demand.
What Section 518 Prohibits
The statute has a specific structure. The victim must actually hand something over, and they must do so with “consent” — but a consent produced by a qualifying threat.1California Legislative Information. California Code PEN 518 – Extortion That word does real work. Unlike robbery, where property is taken directly, extortion involves a victim who technically chooses to comply because refusing feels worse than paying. The property may change hands hours or days after the threat.
Section 518 also reaches public officials who extract property or favors “under color of official right.” A government employee who demands payment to approve a permit or drop an investigation commits extortion even without an overt threat, because the authority of the office supplies the pressure.1California Legislative Information. California Code PEN 518 – Extortion
A 2017 amendment expanded what an extortionist can be charged with demanding. “Consideration” under the statute now explicitly includes sexual conduct and intimate images, not only money or traditional property.1California Legislative Information. California Code PEN 518 – Extortion That change made sextortion cases squarely prosecutable under 518 rather than through workarounds.
Threats That Qualify Under the Statute
Section 518’s “fear” element is defined in Penal Code section 519, which lists five categories of threats. The threat doesn’t have to be about physical harm, and the underlying information doesn’t have to be false. What makes conduct criminal is pairing a listed threat with a demand.
- Threatening to unlawfully injure the victim, damage their property, or harm a third person they care about.
- Threatening to accuse the victim or a relative of a crime. A truthful accusation still qualifies when used as leverage.
- Threatening to expose a disgrace, a physical condition, or a past crime. This is the classic blackmail pattern.
- Threatening to reveal any secret that affects the victim.
- Threatening to report the victim’s immigration status or suspected immigration status to authorities.2California Legislative Information. California Code PEN 519 – Fear Constituting Extortion
The immigration-status category was added to address a pattern prosecutors saw with employers, landlords, and abusive partners. The threat is the crime. There’s no requirement that the extortionist ever contact immigration authorities.
How Extortion Differs From Robbery
Both offenses involve fear, but robbery under Penal Code section 211 requires taking property from the victim’s immediate presence using force or fear applied right then.3California Legislative Information. California Code PEN 211 – Robbery Extortion relies on the threat of future harm or exposure and typically gives the victim time to decide before complying. When fear and property overlap in a single incident, prosecutors make a judgment call about which charge fits.
Penalties for a 518 Conviction
Extortion is always a felony. There is no misdemeanor version of a completed 518 charge. Penal Code section 520 sets the sentencing range at two, three, or four years.4California Legislative Information. California Code PEN 520 – Extortion The court selects a term within that range based on the facts, the defendant’s record, and aggravating or mitigating factors. Targeting an elderly or dependent victim tends to push toward the four-year upper term.
Section 520 doesn’t set a fine, but Penal Code section 672 authorizes a fine of up to $10,000 for any felony where the underlying statute is silent.5California Legislative Information. California Code PEN 672 – General Fine Provision The fine is often imposed alongside a probation grant.
County Jail or State Prison
Section 520 directs that the sentence be served under subdivision (h) of section 1170, California’s realignment framework. For most defendants convicted under 518, that means county jail rather than state prison. State prison is required only where the defendant has a prior serious or violent felony conviction, a qualifying prior felony from another state, or a sex offender registration obligation.4California Legislative Information. California Code PEN 520 – Extortion A first-time offender without those aggravators serves the time locally.
Attempted Extortion
Making a threat and demand but failing to obtain anything is prosecuted under Penal Code section 524. Attempted extortion is a wobbler, which means prosecutors can file it as either a felony or a misdemeanor.6California Legislative Information. California Penal Code 524 – Extortion
- As a felony, up to three years in state prison, a fine of up to $10,000, or both.
- As a misdemeanor, up to one year in county jail, a fine of up to $10,000, or both.6California Legislative Information. California Penal Code 524 – Extortion
Related conduct sits in nearby sections rather than in 518 itself. Forcing a signature on a document that transfers property or creates a debt is punishable under section 522 at the same two-to-four-year range as completed extortion.7California Legislative Information. California Penal Code 522 – Extortion Sending a threatening letter or written communication with intent to extort is punished the same as if the extortion succeeded, and deploying ransomware to extract payment is treated as felony extortion, in each case without any requirement that the victim actually pays.8California Legislative Information. California Penal Code 523 – Extortion
Restitution and Other Consequences
A conviction triggers mandatory victim restitution under Penal Code section 1202.4. Whenever the victim suffered economic loss, the court must order the defendant to pay enough to cover those losses in full. Restitution can include the value of property taken, lost wages, mental health counseling costs, and attorney’s fees incurred in collection. The order accrues interest at 10 percent per year from the date of sentencing.9California Legislative Information. California Code PEN 1202.4 – Restitution
A felony extortion conviction also creates a permanent record that affects employment, professional licensing, and firearm rights. Probation or parole supervision often follows the custody portion of the sentence.
Statute of Limitations
Under Penal Code section 801, felony extortion must be charged within three years of the offense. Because the maximum sentence under 518 is four years, the case falls under the general three-year felony limitations period rather than the longer six-year window that applies to offenses punishable by eight or more years. If prosecutors do not file within that window, the case is time-barred. Attempted extortion charged as a misdemeanor carries a one-year limitations period. Certain circumstances, such as the defendant fleeing the state, can pause the clock.
Common Defenses
Extortion is a specific-intent crime. The prosecution has to prove the defendant knowingly made a qualifying threat for the purpose of obtaining property or other consideration. A handful of defenses come up regularly.
- No intent to extort. A statement that sounds threatening in isolation isn’t extortion unless it was tied to a demand. Someone who says “I’ll tell everyone what you did” during an argument, with no connected demand for money or an act, hasn’t committed the offense.
- No qualifying threat. The threat has to fit one of the five categories in section 519. Vague hostility or a warning outside those categories may not meet the statutory definition.
- Claim of right. A person who genuinely believes they are owed money and uses aggressive collection language may argue they had a lawful claim to the property. The defense has real limits in California: threatening to expose a secret or accuse someone of a crime to collect a debt can still be extortion even if the debt is real. It works best when the demand is straightforwardly for money owed and the method involves none of the prohibited threats.
- False accusation. Extortion charges sometimes arise from contentious divorces, business disputes, or personal grudges. Showing the accuser fabricated or exaggerated the threat can defeat the charge.
Accidental or ambiguous statements generally don’t clear the intent bar, though prosecutors will argue that context made the purpose obvious. Because the sentencing exposure runs to four years in custody plus a $10,000 fine and mandatory restitution, anyone facing a 518 investigation should get counsel involved early, before statements to police become part of the prosecution’s case.