Bill: In Voting Anti-Extortion Act

[multiman155]

Sponsor: Multi Man, MP
Type: Amendment to an Act

A
BILL
TO
AMEND THE NEW CRIMINAL CODE ACT TO MOVE BLACKMAIL UNDER SECTION 4 WITH A HARSHER EXTORTION PENALTY UNDER SECTION 9​

Preamble: Extortion is unacceptable in a civilized society and should be severely punished. At the same time, we must define the crime such that we do not encompass reasonable behavior (such as reasonable legal threats seeking recovery of property or money). This Act replaces Blackmail with a defined Extortion offense and moves it into the section financial and economic crimes. The extortion crime covers coercive demands for money, property, items, services, and official acts, while protecting lawful recovery and legal enforcement.

1. Short Title and Enactment

(a) This Act may be cited as the "Anti-Extortion Act".

(b) This Act comes into force immediately upon Royal Assent.

2. Amendments

(a) The New Criminal Code Act is amended as follows:

(i) Add the following as section 9(h):​

(h) Extortion

(i) Offense Type: Felony​

(ii) Penalty: Up to 30 minutes jail time; a fine of up to $30,000; full restitution for loss caused by the offense.​

(iii) A person or legal entity commits an offense if they communicate a demand for money, property, services, or an act or omission in public office, for themselves or another, intending to compel compliance by threatening that, if the demand is refused, they or another person will:​

(1) cause physical injury to a person;​

(2) damage property;​

(3) commit another offense under this Act;​

(4) accuse a person of a crime or cause criminal charges to be brought against a person;​

(5) expose a secret or publicize an assertion, whether true or false, tending to subject a person to hatred, contempt, or ridicule;​

(6) cause collective labor action that harms a business or government entity, unless the demand seeks a benefit for the group on whose behalf the person or entity claims to act;​

(7) give or withhold testimony or information concerning another person's legal claim or defense;​

(8) use a public position to act or fail to act in connection with official duties in a way that adversely affects another person; or​

(9) take any other action that would not itself materially benefit the person or legal entity making the demand but is intended to materially harm another person's health, safety, business, occupation, career, finances, reputation, or personal relationships.​

(iv) The offense in this subsection does not occur for a demand for money or property accompanied only by one or more threats described in paragraph (iii)(4), (5), (6), or (7) if:​

(1) the money or property properly belongs to the person or legal entity making the demand; or​

(2) the demand is made by a lawyer acting for a client to recover money or property that the lawyer reasonably believes may be lawfully owed to that client.​

(v) The offense in this subsection does not occur when the demand is made in good faith to enforce a legal right or obligation if the threatened response consists only of:​

(1) seeking a lawful judicial remedy; or​

(2) lawfully exercising a collection or enforcement power the person or legal entity making the demand holds under law.​

(ii) Amend section 4(g) as follows:​

(g) REPEALED
(g) Blackmail​

(i) Offense Type: Felony​

(ii) Penalty: 20 minutes jail time; $1,000 minimum fine; $10,000 maximum fine​

(iii) A person commits an offense if the person:​

(1) threatens to cause harm, reveal information, or take adverse action against another person, with the intent to coerce that person into giving money, property, items, services, or otherwise acting against their will.​