Extortion is a form of theft, so it has the same attendant circumstance required in consolidated theft statutes—the property stolen belongs to another. In many jurisdictions, it is an affirmative defense to extortion that the property taken by threat to expose a secret or accuse anyone of a criminal offense is taken honestly, as compensation for property, or restitution or indemnification for harm done by the secret or crime. 1 The Model Penal Code provides an affirmative defense to extortion by threat of accusation of a criminal offense, exposure of a secret, or threat to take or withhold action as an official if the property obtained 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” (Model Penal Code § 223.4).
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