§ 3923. Theft by extortion.
(a) Offense defined.--A person is guilty of theft if he intentionally obtains or withholds property of another
by threatening to:
(1) commit another criminal offense;
(2) accuse anyone of a criminal offense;
(3) expose any secret tending to subject any person to hatred, contempt or ridicule;
(4) take or withhold action as an official, or cause an official to take or withhold action;
(5) bring about or continue a strike, boycott or other collective unofficial action, if
the property is not demanded or received for the benefit of the group in whose interest
the actor purports to act;
(6) testify or provide information or withhold testimony or information with respect to
the legal claim or defense of another; or
(7) inflict any other harm which would not benefit the actor.
(b) Defenses.--It is a defense to prosecution based on paragraphs (a)(2), (a)(3) or (a)(4) of this
section that the property obtained by threat of accusation, exposure, lawsuit or other
invocation of official action was honestly claimed as restitution or indemnification
for harm done in the circumstances to which such accusation, exposure, lawsuit or
other official action relates, or as compensation for property or lawful services.
(June 24, 1976, P.L.425, No.102, eff. imd.)
Cross References. Section 3923 is referred to in sections 3001, 5708, 6105 of this title; sections 5552,
9802 of Title 42 (Judiciary and Judicial Procedure); section 7122 of Title 61 (Prisons
and Parole).
Notes of Decisions
Cited in
33
cases (
2 in the last 5 years), 1977–2022 · leading case:
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
Commonwealth v. Wojdak, 466 A.2d 991 (Pa. 1983).
· cites it 6× “Equally without any foundation in the evidence are the counts charging both appellees with attempted theft by extortion, 18 Pa.C.S. § 3923. The crucial missing element in *371 this instance is the absence of an extortive threat.”
Commonwealth v. Brown, 484 A.2d 738 (Pa. 1984).
· cites it 4× “By defining robbery in terms of "serious bodily injury," the Legislature abandoned the common law "force no matter how slight" requirement for robbery and created a new, less severe, "bodily injury" standard which it applied in defining the crime of theft by extortion at 18…”
Commonwealth v. Septak, 518 A.2d 1284 (Pa. 1986).
· cites it 2× “ctor intentionally obtained or withheld property, namely, $10,000 belonging to William Johns by threatening to inflict harm, namely, threatening to shoot Robert Johns and/or otherwise injure him if he did not pay Joseph Pokorny $9,000 or $10,000 which wold not have benefited the…”
Miller v. Commonwealth, State Employees' Ret. Bd., 445 A.2d 88 (Pa. 1981).
· cites it 2× “Appellee Miller, a member of the Pennsylvania State Police who had pled guilty to theft by extortion, 18 Pa.C.S. § 3923(a), had sworn that "I will bear true faith and allegiance to the Commonwealth of Pennsylvania, that I will serve it honestly and faithfully, that I will…”
Cent. Transp., LLC v. Atlas Towing, Inc., 884 F. Supp. 2d 207 (E.D. Pa. 2012).
· cites it 2× “And under Pennsylvania law, the offense of theft by extortion is defined by 18 Pa. Cons. Stat. Ann. § 3923, which states that A person is guilty of theft if he intentionally obtains or withholds property of another by threatening to: (1) commit another criminal offense; (2)…”
Rose v. Bartle, 871 F.2d 331 (3rd Cir. 1989).
· cites it 2× “§ 4701 (bribery in official and political matters); 46 18 Pa.Cons.Stat. Ann. § 3923 (theft by extortion) 47 ; 18 Pa.”
McCain v. Pennbank, 549 A.2d 1311 (Pa. 1988).
“Theft by extortion is defined at 18 Pa.C.S. § 3923 as follows: § 3923. Theft by Extortion (а) Offense Defined.”
Commonwealth v. Sarapa, 13 A.3d 961 (Pa. Super. Ct. 2011).
“18 Pa.C.S. § 3923 (relating to theft by extortion).”
Commonwealth v. Kenney, 210 A.3d 1077 (Pa. Super. Ct. 2019).
“18 Pa.C.S. § 3923 (relating to theft by extortion).”
— 18 Pa. Cons. Stat. § 3923(a) — 2 cases
Miller v. Commonwealth, State Employees' Ret. Bd., 445 A.2d 88 (Pa. 1981).
“Appellee Miller, a member of the Pennsylvania State Police who had pled guilty to theft by extortion, 18 Pa.C.S. § 3923(a), had sworn that "I will bear true faith and allegiance to the Commonwealth of Pennsylvania, that I will serve it honestly and faithfully, that I will…”
— 18 Pa. Cons. Stat. § 3923(a)(1) — 5 cases
— 18 Pa. Cons. Stat. § 3923(a)(2) — 1 case
— 18 Pa. Cons. Stat. § 3923(a)(3) — 1 case
— 18 Pa. Cons. Stat. § 3923(a)(7) — 3 cases
Commonwealth v. Septak, 518 A.2d 1284 (Pa. 1986).
“ctor intentionally obtained or withheld property, namely, $10,000 belonging to William Johns by threatening to inflict harm, namely, threatening to shoot Robert Johns and/or otherwise injure him if he did not pay Joseph Pokorny $9,000 or $10,000 which wold not have benefited the…”
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