§ 137.48 THEFT BY EXTORTION.

   (A)   A person is guilty of theft by extortion when he or she intentionally obtains property of another by threatening to:

      (1)   Inflict bodily injury on any one or commit any other criminal offense;

      (2)   Accuse anyone of a criminal offense;

      (3)   Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute;

      (4)   Use wrongfully his or her position as a public officer or servant or employee by performing some act within or related to his or her official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in such manner as to affect some person adversely;

      (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; or

      (6)   Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.

   (B)   It is a defense to prosecution based on divisions (A)(1), (A)(3) or (A)(4) above that the property obtained by threat of accusation, exposure, lawsuit of other invocation or official action was claimed as restitution or indemnification for harm done on the circumstances to which accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services.

   (C)   Theft by extortion is a Class A misdemeanor if the value of the property is less than $100.

(1980 Code, § 1020.5-9)

Statutory reference:

   For similar provisions under state law, see KRS 514.070