Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense, (iii) threatens to report him as being illegally present in the United States, or (iv) knowingly destroys, conceals, removes, confiscates, withholds or threatens to withhold, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony.
For the purposes of this section, injury to property includes the sale, distribution, or release of identifying information defined in clauses (iii) through (xii) of subsection C of § 18.2-186.3, but does not include the distribution or release of such information by a person who does so with the intent to obtain money, property or a pecuniary benefit to which he reasonably believes he is lawfully entitled.
Code 1950, § 18.1-184; 1960, c. 358; 1975, cc. 14, 15; 2006, c. 313; 2007, cc. 453, 547; 2010, c. 298.
Notes of Decisions
Cited in
18
cases (
1 in the last 5 years), 1984–2021 · leading case:
Stein v. Commonwealth, 402 S.E.2d 238 (Va. Ct. App. 1991).
Stein v. Commonwealth, 402 S.E.2d 238 (Va. Ct. App. 1991).
· cites it 21× “Stein was convicted in a jury trial of attempting to extort money or pecuniary benefit in violation of Code § 18.2-59. On appeal, he contends that the trial court erred (1) in denying his motion to set aside the jury verdict and to dismiss the indictment against him on the…”
Dimaio v. Commonwealth, 621 S.E.2d 696 (Va. Ct. App. 2005).
· cites it 6× “ATTEMPTED EXTORTION Appellant next argues that the trial court erred in convicting him of attempted extortion, in violation of Code § 18.2-59, because the evidence was insufficient to prove that he made a threat.”
Warner v. Buck Creek Nursery, Inc., 149 F. Supp. 2d 246 (W.D. Va. 2001).
· cites it 4× “2-499 of the Virginia Code, which prohibits conspiracy to injure another his trade, business, or profession.”
Wood v. Commonwealth, 382 S.E.2d 306 (Va. Ct. App. 1989).
· cites it 12× “" Code § 18.2-59. This is in addition to an offense resulting from accusing a person "of any offense.”
Hudgins v. Commonwealth, 597 S.E.2d 221 (Va. Ct. App. 2004).
· cites it 4× “He was indicted and convicted of robbery, in violation of Code § 18.2-59, and grand larceny of the automobile, in violation of Code § 18.”
Smithfield Foods v. United Food & Com., 585 F. Supp. 2d 789 (E.D. Va. 2008).
· cites it 3× “Therefore, an extortionate means is sufficient to establish liability under Va.Code Ann. § 18.2-59 (2008). d. The North Carolina Extortion Statute Under North Carolina law, “[a]ny person who threatens or communicates a threat or threats to another with the intention thereby…”
Giganti v. Gen-X Strategies, Inc., 222 F.R.D. 299 (E.D. Va. 2004).
· cites it 2× “In this regard, plaintiffs alleged in their complaint that defendants engaged in a pattern of extortionate credit transactions, mail fraud, wire fraud, trafficking in goods and services bearing counterfeit marks, and extortion under Virginia Code § 18.”
Strohecker v. Commonwealth, 475 S.E.2d 844 (Va. Ct. App. 1996).
· cites it 2× “2-33, attempted extortion in violation of Code § 18.2-59, and use of a firearm in the commission of murder in violation of Code § 18.”
Silverman v. Town of Blackstone, 843 F. Supp. 2d 628 (E.D. Va. 2012).
· cites it 3× “” Va.Code § 18.2-59 (2011). This Court has held that “the First Amendment provides no defense to the imposition of liability for engaging in extortion, even if the extortion is effectuated by speech.”
DiMaio v. Com., 636 S.E.2d 456 (Va. 2006).
· cites it 2× “2-111; 1 and attempted extortion in violation of Code §§ 18.2-59 and -26. His convictions were affirmed by the Court of Appeals in DiMaio v.”
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