(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree.
(b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly claims the property as restitution or indemnification for harm done in the circumstances to which the threat relates, or as compensation for property or lawful services. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(c) Extortion in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §3237.)
Notes of Decisions
Cited in
2
cases, 2003–2004 · leading case:
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003).
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003).
· cites it 3× “Section 13A-8-15, Ala.Code 1975, in combination with § 13A-8-1(13)k.”
Howard v. State, 902 So. 2d 127 (Ala. Crim. App. 2004).
“…mischief first degree, § 13A-7-21; breaking and entering a vehicle, § 13A-8 — 11(b)(3); extortion second degree, § 13A-8-15; robbery third degree, § 13A-8-4.3; impersonating a peace officer, § 13A-10-11; escape second degree, § 13A-10-32; escape third degree, § 13A-10-33;…”
Ala. Code § 13A-8-15(c): 1 case
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003).
“Section 13A-8-15, Ala.Code 1975, in combination with § 13A-8-1(13)k.”
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