Tort action in favor of victim not created.

- Although O.C.G.A. § 16-8-16 establishes the public policy of the state, nothing within its provisions purports to create a private cause of action in tort in favor of an alleged victim. Rolleston v. Huie, 198 Ga. App. 49, 400 S.E.2d 349 (1990), cert. denied, 198 Ga. App. 898, 400 S.E.2d 349 (1991).

Demurrer properly granted.

- Trial court properly granted the defendants' general demurrer as to the conspiracy to commit extortion count because the alleged extortion was based on a mere threat to file a lawsuit and there was no allegation that the threatened litigation was somehow unlawful; thus, the defendants could have admitted to all of the allegations and still have been innocent of that crime. State v. Cohen, 302 Ga. 616, 807 S.E.2d 861 (2017).

Lesser included offense.

- Theft by extortion is not a lesser included offense of armed robbery, as a matter of law; however, it may merge with armed robbery as a matter of fact. Lewis v. State, 261 Ga. App. 273, 582 S.E.2d 222 (2003).

Evidence sufficient for conviction.

- Evidence was sufficient for a rational jury to convict the defendant of theft by extortion because evidence was presented that the defendant and the defendant's accomplices took speakers from the victim's van after the defendant threatened that the victim's friend would never see the victim again unless the friend left the van and the van's keys at a gas station. Taylor v. State, 302 Ga. App. 54, 690 S.E.2d 641 (2010).

Extortion not shown.

- Debtor's claim that extortion, as defined in O.C.G.A. § 16-8-16, had been committed by a bank and the bank's director and was therefore a predicate act for purposes of the debtor's civil racketeering claims was without merit since the debtor admitted that the bank's foreclosure on some of the debtor's property was prompted by the debtor's failure to repay loans taken out for that property and, as such, the foreclosure was lawful. Tucker v. Morris State Bank, F.3d (11th Cir. Nov. 14, 2005)(Unpublished).

Cited in Partain v. State, 129 Ga. App. 213, 199 S.E.2d 549 (1973); United States v. Romano, 482 F.2d 1183 (5th Cir. 1973); Sanders v. State, 135 Ga. App. 436, 218 S.E.2d 140 (1975); Brooks v. State, 141 Ga. App. 725, 234 S.E.2d 541 (1977); Quillan v. State, 160 Ga. App. 167, 286 S.E.2d 503 (1981); Harper v. State, 249 Ga. 519, 292 S.E.2d 389 (1982); Bramblett v. State, 191 Ga. App. 238, 381 S.E.2d 530 (1989); Best Jewelry Mfg. Co. v. Reed Elsevier Inc., 334 Ga. App. 826, 780 S.E.2d 689 (2015).

Committing offense results in Rules of Professional Conduct violation.

- If an attorney were to indicate to an officer that as a result of the attorney's position as a member of the city council a favorable recommendation as to one of the attorney's clients would result in benefits flowing to the officer, or that an unfavorable recommendation would result in harm, the attorney would have committed the offense of bribery, O.C.G.A. § 16-10-2(a)(1), or extortion, O.C.G.A. § 16-8-16(a)(4). The attorney would also have violated Rule 3.5(a) of the Georgia Rules of Professional Conduct. Adv. Op. No. 05-12 (July 25, 2006).

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extortion, Blackmail and Threats, §§ 1 et seq., 22 et seq., 35 et seq., 53, 61 et seq.

C.J.S.

- 35 C.J.S., Extortion, § 1 et seq.

ALR.

- The boycott as a weapon in industrial disputes, 116 A.L.R. 484.

Evidence of acquisition or possession of money, source of which is not traced, as admissible against defendant in criminal case, 123 A.L.R. 119; 91 A.L.R.2d 1046.

Extortion predicated upon statements or intimations regarding criminal liability, in connection with attempt to collect or settle a claim which defendant believed to be valid, 135 A.L.R. 728.

Criminal offense of obtaining money under false pretenses, or attempting to do so, predicated upon receipt or claim of benefits under insurance policy, 135 A.L.R. 1157.

What constitutes "loss from theft" within provisions of Internal Revenue Code concerning deduction of losses arising from theft, 62 A.L.R.2d 572.

Evidence of acquisition or possession of money, source of which is not traced, as admissible against defendant in criminal case, 91 A.L.R.2d 1046.

Criminal liability of corporation for extortion, false pretenses, or similar offenses, 49 A.L.R.3d 820.

What constitutes "property" obtained within extortion statute, 67 A.L.R.3d 1021.

Retaking of money lost at gambling as robbery or larceny, 77 A.L.R.3d 1363.

Embezzlement, larceny, false pretenses, or allied criminal fraud by a partner, 82 A.L.R.3d 822.

Truth as defense to state charge of criminal intimidation, extortion, blackmail, threats, and the like, based upon threats to disclose information about victim, 39 A.L.R.4th 1011.

Injury to reputation or mental well-being as within penal extortion statutes requiring threat of "Injury to the Person,", 87 A.L.R.5th 715.

What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.