Extortion of money, property or pecuniary benefit (§ 18.2-59)—Virginia Decoded

Extortion of money, property or pecuniary benefit

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.

History

Code 1950, § 18.1-184; 1960, c. 358; 1975, cc. 14, 15; 2006, c. 313; 2007, cc. 453, 547; 2010, c. 298.

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Court Decisions

Stein v. Com. (COA, 03/12/91)
. . . is run. . . .

. . . Battlefield Builders, Inc. v. Thomas W. Swango Sarah J. . . . (Court of Appeals for the Fourth Circuit, 09/20/84)
. . . state law, we must also consider Va.Code Sec. 18.2-59, which provides: . . .

United States v. Milton Teplin (Court of Appeals for the Fourth Circuit, 10/30/85)
. . . Sec. 13, assimilating Va.Code Secs. 18.2-26 and 18.2-59. The defendant alleges several errors in . . .

DiMaio v. Com. (COA, 11/15/05)
. . . Code § 18.2-59, because the evidence was insufficient to prove that he made a threat. Code § . . .

Wood v. Com. (COA, 08/15/89)
. . . person, or property of another person." Code § 18.2-59. This is in addition to an offense resulting . . .

Morrissey v. Com. (COA, 03/30/93)
. . . act is not per se protected speech. Cf. Code § 18.2-59; Stein v. Commonwealth, 12 Va.App. 65, . . .

Strohecker v. Com. (COA, 09/24/96)
. . . 33, attempted extortion in violation of Code § 18.2-59, and use of a firearm in the commission of . . .

DiMaio v. Com. (SCV, 11/03/06)
. . . and attempted extortion in violation of Code §§ 18.2-59 and -26. His convictions were affirmed by . . .

Warner v. Buck Creek Nursery, Inc. (District Court, W.D. Virginia, 05/21/01)
. . . three Virginia criminal statutes: (1) Section 18.2-59 of the Virginia Code, which prohibits . . .

Scott v. Com. (COA, 07/18/06)
. . . Code §§ 18.2-48, 18.2-90, 18.2-58, 18.2-53.1, 18.2-59, and 18.2-90, respectively. Scott contends . . .

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Amendment Attempts

HB2264: Extortion; withholding immigration document. (failed)

HB2448: Illegal immigration; verify citizenship status of persons in jail. (failed)

HB2826: Security and Immigration Compliance Act; public bodies, etc. who intend to contract to register,etc. (failed)

HB2924: Extortion; withholding immigration document. (failed)

SB1027: Extortion; withholding immigration document. (failed)

SB1227: Extortion; withholding immigration document. (failed)

HB210: Extortion; person who threatens injury to property including sale, etc., of identifying information. (passed)

SB137: Arrest photos; placement and removal on Internet, penalty. (failed)