Joke Collection Website - Public benefit messages - Is texting extortion a crime?
Is texting extortion a crime?
1. Sending text messages to extort money is a crime, which constitutes extortion. For the purpose of illegal possession, the victim is threatened, threatened or coerced to illegally possess the victim's public or private property, which constitutes a crime. The perpetrator illegally extorts other people's property by threats or coercion, which constitutes the accomplished crime of extortion. If the perpetrator only used threats or intimidation, the victim did not feel fear, so he did not hand over his property; Or the victim is afraid, but he doesn't hand over his property, which is an attempted extortion.
2. Legal basis: Article 274 of the Criminal Law of People's Republic of China (PRC).
Whoever extorts a large amount of public or private property or repeatedly extorts it for extortion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
Second, how to measure the crime of extortion.
The sentencing standards for the crime of extortion are as follows:
1. Whoever extorts a large amount or repeatedly extorts money shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2. If the amount of extortion is huge or there are serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined;
3. If the amount of extortion is especially huge or the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined;
4. The amount of extortion of public and private property is between 2,000 yuan and 5,000 yuan, between 30,000 yuan and 100,000 yuan, and between 300,000 yuan and 500,000 yuan, which shall be deemed as a relatively large amount as stipulated in Article 274 of the Criminal Law.
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