ARTICLE 2 CONFLICTS OF INTEREST

45-11-5. Extortion generally.

As used in this Code section, the term "extortion" means an unlawful taking by a public officer, under color of his office, from any person of any money or thing of value that is not due to him or more than is due to him.

Any public officer who shall by himself, his deputy, his agent, or other person employed by him be guilty of extortion in demanding or receiving other and greater fees than by law are allowed him shall be guilty of a misdemeanor and shall be dismissed from office.

(Laws 1833, Cobb's 1851 Digest, p. 809; Code 1863, §§ 4393, 4394; Code 1868, §§ 4434, 4435; Code 1873, §§ 4507, 4508; Code 1882, §§ 4507, 4508; Penal Code 1895, §§ 298, 299; Penal Code 1910, §§ 302, 303; Code 1933, §§ 89-9909, 89-9910; Ga. L. 1990, p. 8, § 45.)

JUDICIAL DECISIONS

Offense of extortion consists of the oppressive misuse of official power by the exaction of money. When an officer thought there was a right to accept a cash bond, the officer was not guilty of extortion because intent to commit the crime is necessary. Holt v. State, 11 Ga. App. 34, 74 S.E. 560 (1912).

Cited in White v. State, 56 Ga. 385 (1876); Lancaster v. Hill, 136 Ga. 405, 71 S.E. 731, 1912C Ann. Cas. 272 (1911); In re Williams, 284 Ga. 96, 663 S.E.2d 181 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

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

C.J.S.

- 35 C.J.S., Extortion, §§ 1 et seq., 20.

ALR.

- Construction and scope as regards purpose or object for which funds are solicited or received, of statute prohibiting solicitation or acceptance of subscriptions or contributions by public officers or employees, 85 A.L.R. 1146.

What constitutes the taking of money or other thing of value under color of office, 70 A.L.R.3d 1153.

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.

Construction and application of § 2C1.1 of United States Sentencing Guidelines (18 USCS APPX § 2C1.1) pertaining to offenses involving public officials offering, giving, soliciting, or receiving bribes, or extortion under color of official right, 144 A.L.R. Fed. 615.

Cases Citing O.C.G.A. § 45-11-5

Total Results: 3 | Sort by: Relevance | Newest First

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In Re Williams, 663 S.E.2d 181 (Ga. 2008).

Cited 6 times | Published | Supreme Court of Georgia | Jun 30, 2008 | 284 Ga. 96, 2008 Fulton County D. Rep. 2139

...This disciplinary matter is before the Court on the petition for voluntary discipline of Respondent Anthony Brett Williams in which he requests the imposition of a six-month suspension with conditions on reinstatement. In his petition, Williams admits that he pled guilty to a single violation of OCGA § 45-11-5 (misdemeanor for a public officer to receive money not due him through the use of his office) and was sentenced under the First Offender Act to one year of probation (which could, under certain circumstances, be terminated earlier)....

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In the Matter of Stephanie Dianne Woodard, 321 Ga. 681 (Ga. 2025).

Cited 1 times | Published | Supreme Court of Georgia | May 28, 2025

...filed by an assistant district attorney who “participated in a scheme initiated by his boss, the then-District Attorney, to obtain from [the county] money to which the District Attorney was not entitled” and “pled guilty to a single violation of OCGA § 45-11-5 (misdemeanor 10 for a public officer to receive money not due [to] him through the use of his office).” Id....

In the Matter of Stephanie Dianne Woodard (Ga. 2026).

Published | Supreme Court of Georgia | Jan 5, 2026

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TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 11. Miscellaneous Offenses Concerning Public Officers and Employees, 45-11-1 through 45-11-10.