Colorado Revised Statute § 18-3-207 defines criminal extortion as threatening someone as a means of getting that person to do (or refrain from doing) something against their will. Also called “blackmail,” extortion is usually a class 4 felony carrying prison and $2,000 to $500,000 in fines.

The following table spells out the incarceration terms for extortion in Colorado:

Our Denver Colorado criminal defense lawyers will now discuss the following extortion topics:

• 1. Elements
• 2. Aggravated Extortion
• 3. Penalties
• 4. Aggravated Penalties
• 5. Defenses
• Additional Reading

1. Elements

There are three elements Colorado prosecutors have to prove beyond a reasonable doubt to convict you of criminal extortion under CRS 18-3-207.

The first element is that you intended to induce another person to either:

• do something against their will, or
• refrain from performing a lawful act, or
• give you money or anything else of value.

The second element is that you made a “substantial threat” to:

• confine or restrain someone, or
• cause economic hardship to someone, or
• cause someone to suffer bodily injury or physical harm, or
• damage someone’s property or reputation;

The final element is that you threatened such consequences by either:

• performing an unlawful act, or causing an unlawful act to be performed; or
• invoking action by a third party – including, but not limited to, law enforcement or other government officials – whose interests are not substantially related to your interests in making the threat.¹

A classic example of extortion is threatening a public figure to release evidence of them cheating on their spouse unless the celebrity pays you a large amount of money.

What is a “substantial threat”?

A key element of extortion in Colorado is that your threat is “substantial.” A “substantial threat” is:

• reasonably likely to induce a belief in the threatened person that the threat will be carried out and
• threatens significant confinement, restraint, injury, or damage.

Examples include threats to:

• harm someone’s family member or pet,
• make embarrassing facts publicly known,
• ruin someone’s business,
• break someone’s legs,
• burn someone’s house down,
• report someone’s immigration status to law enforcement, or
• harm the person if they do not repay a debt.²

2. Aggravated Extortion

Aggravated criminal extortion is when, in addition to any of the acts described above, your threats include the use of chemical, biological, or harmful radioactive agents, weapons, or poison. Predictably, aggravated extortion charges are relatively rare in Colorado.

Aggravated criminal extortion under CRS 18-3-207  involves the use of weapons or poison.

3. Penalties

Criminal extortion is generally a Colorado class 4 felony, carrying:

• 2 to 6 years in prison (with 3 years mandatory parole) and/or
• A fine of $2,000 to $500,000.

However, criminal extortion becomes a “crime of violence” if during the commission of the crime or immediate flight therefrom:

• You use, threaten the use of, or possess a deadly weapon, or
• Someone other than a co-conspirator is killed or seriously injured.

As a crime of violence, penalties for criminal extortion include:

• A mandatory prison sentence of 5 to 16 years (followed by 3 years mandatory parole) and
• A possible fine of $2,000 to $500,000.

4. Aggravated Penalties

Aggravated criminal extortion is a Colorado class 3 felony, carrying:

• 4 to 12 years in prison (with 5-years mandatory parole) and/or
• A fine of $3,000 to $750,000.

However, if aggravated criminal extortion is also classified as a violent crime, the penalty increases to:

• A mandatory sentence of 10 to 32 years in the Department of Corrections and
• A possible fine of $3,000 to $750,000.

5. Defenses

Here at Colorado Legal Defense Group, we have represented countless people charged with extortion. In our experience, the following eight defenses have proven very effective with prosecutors, judges, and juries.

1. You did not threaten anyone,
2. You were only joking or venting frustration,
3. Your threat was not a substantial threat,³
4. You had no actual means to carry out your threat (and the alleged victim knew that),
5. You were not trying to coerce the alleged victim into doing or refraining from doing something,⁴
6. You were falsely accused,
7. You were the victim of mistaken identification, or
8. The police obtained evidence during an illegal search and seizure, coerced your confession, or otherwise violated your rights.

Your charge should be dismissed as long as the district attorney cannot prove guilt beyond a reasonable doubt.

Note that prosecutors have a three-year statute of limitations to press extortion charges in Colorado.⁵

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Blackmail: An Economic Analysis of the Law – University of Pennsylvania Law Review.
• Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory – Texas Law Review.
• Theft by Coercion: Extortion, Blackmail, and Hard Bargaining – Washburn Law Review.
• In Defense of Keeping Blackmail a Crime: Responding to Block and Gordon – Loyola of Los Angeles Law Review.
• Blackmail as a Victimless Crime  – Brackton Law Journal.

Legal Resources: