514.080 Theft by extortion.

431 words·~2 min read·/ky/chapter-514/514-080

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person is guilty of theft by extortion when he or she intentionally obtains property

of another by threatening to:

(a)Inflict bodily injury on anyone or commit any other criminal offense; or

(b)Accuse anyone of a criminal offense; or

(c)Expose any secret tending to subject any person to hatred, contempt, or

ridicule, or to impair his or her credit or business repute; or

(d)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 a manner affecting some person adversely; or

(e)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

(f)Testify or provide information or withhold testimony or information with

respect to another's legal claim or defense.

(2)It is a defense to prosecution based on subsection (1)(b), (c), or

(d)that the property

obtained by threat of accusation, exposure, lawsuit, or other invocation of official

action was claimed as restitution or indemnification for harm done in the

circumstances to which accusation, exposure, lawsuit, or other official action

relates, or as compensation for property or lawful services.

(3)Theft by extortion is a Class B misdemeanor unless:

(a)The value of the property obtained is five hundred dollars ($500) or more but

less than one thousand dollars ($1,000), in which case it is a Class A

misdemeanor;

(b)The value of the property is one thousand dollars ($1,000) or more but less

than ten thousand dollars ($10,000), in which case it is a Class D felony;

(c)A person has three

(3)or more convictions under paragraph

(a)of this

subsection within the last five

(5)years, in which case it is a Class D felony.

The five

(5)year period shall be measured from the dates on which the

offenses occurred for which the judgments of conviction were entered; or

(d)The value of the property is ten thousand dollars ($10,000) or more, in which

case it is a Class C felony.

(4)If any person commits two

(2)or more separate offenses of theft by extortion within

ninety

(90)days, the offenses may be combined and treated as a single offense, and

the value of the property in each offense may be aggregated for the purpose of

determining the appropriate charge.