New Jersey Criminal Statute Guide
N.J.S.A. 2C:20-5: Theft by extortion
Extortion is not graded by the dollar amount. If property is purposefully and unlawfully obtained through one of the statute’s specified threats, 2C:20-2 makes the theft second degree.
Plain English
What 2C:20-5 actually prohibits
A person commits theft by extortion by purposely and unlawfully obtaining another’s property through a purposeful threat of physical harm or confinement, accusation, exposure of a damaging secret or asserted fact, official action, improper collective action, manipulation of testimony or information, or calculated material harm.
The communication, demand, property transfer, and causal connection all matter. The threat need not be a demand for cash; “property” is broad. A lawful settlement position is not automatically extortion, but using a prohibited threat to obtain property can be criminal even when a dispute exists.
What the State must prove
- The accused purposely made a threat within one of subsection (a) through (g)’s categories.
- The accused purposely and unlawfully obtained property of another by means of that threat.
- The transfer, property interest, and all circumstances required to exclude an applicable affirmative defense.
Degree and Exposure
The grading rules matter
Property taken by extortion is second-degree theft regardless of amount under 2C:20-2(b)(1)(b). The ordinary degree range is five to 10 years, but when the conviction rests on subsection 2C:20-5(a), a threat to inflict bodily injury, physically confine or restrain, or commit another criminal offense, 2C:43-7.2 identifies it as a No Early Release Act offense. That branch requires 85% parole ineligibility and, for a second-degree conviction, a three-year term of parole supervision. This NERA rule does not automatically apply to the other extortion-threat branches.
| Level | Ordinary imprisonment range | Maximum ordinary fine | Usual court |
|---|---|---|---|
| Second-degree crime | 5 to 10 years | $150,000 | Superior Court |
These are statutory maximums and ordinary degree ranges, not a prediction of sentence. Restitution, assessments, probation conditions, merger, consecutive-sentence rules, prior record, and offense-specific provisions can change the practical result.
Proof Problems
The evidence is charge-specific
Exact demand and consequence
Full message threads, recordings, drafts, intermediaries, payment instructions, and timing show whether property was demanded and what threatened consequence was linked to nonpayment.
Obtaining property
Bank, cryptocurrency, title, debt-release, benefit, or transfer records must establish that property was actually obtained through the alleged extortion.
Claimed restitution basis
Invoices, loss proof, negotiations, legal advice, and prior communications can show whether a demand was honestly limited to restitution, indemnification, or lawful compensation.
Defense Analysis
Issues counsel should test
No prohibited threat
A request, hard negotiation, or notice of a lawful step may not fit the enumerated threat categories. Context determines whether the language is a threat or a legitimate condition.
No causal transfer
If no property was obtained, completed theft by extortion is not proved, though attempt or coercion may still be considered on supported facts.
Limited affirmative defense
For accusation, secret, official-action, or testimony threats, the statute provides a defense when the property was honestly claimed as restitution or indemnification for harm or lawful compensation for property or services.
A possible issue is not an automatic dismissal. Its value depends on the admissible record, the exact subsection charged, and what the State can prove beyond a reasonable doubt.
Charge Boundaries
Related, but not interchangeable
Criminal coercion: Coercion requires an unlawful purpose to restrict action but does not require acquisition of property and is ordinarily third or fourth degree.
Robbery: Robbery concerns force or threats in the course of a theft under its own immediacy and bodily-danger framework; it is not synonymous with extortion.
Official misconduct or bribery: An official-action threat or payment may implicate public-corruption statutes with separate actor-status and purpose elements.
Indictable crimes are ordinarily handled in Superior Court. A disorderly persons or petty disorderly persons charge is ordinarily heard in municipal court unless it travels with indictable counts or is otherwise transferred. The complaint and later charging documents control.
Practice and court resources
Common Questions
Questions about 2C:20-5
Is threatening to report a crime always extortion?
No. The State must prove a purposeful threat used unlawfully to obtain property. The statute also contains a narrow honest-restitution or lawful-compensation defense for accusation-based allegations.
What if no money changed hands?
Completed theft by extortion requires obtaining property. The facts may still support an attempt or a different charge, but those require their own elements.
Does a tiny payment make it a lower degree?
No. Under 2C:20-2, theft by extortion is second degree without a minimum dollar threshold.
Primary Sources
Read the law and current court instructions
- New Jersey Legislature lookup for N.J.S.A. 2C:20-5 (section text and amendment history).
- New Jersey Legislature bulk statutes archive.
- New Jersey Courts, current Model Criminal Jury Charges. Search the exact citation; not every offense or subsection has a model charge.
- N.J.S.A. 2C:43-3 fines and restitution and N.J.S.A. 2C:43-6 ordinary prison terms.
- N.J.S.A. 2C:43-7.2, No Early Release Act offenses and parole supervision.
Source verification: section language and amendment history checked against the Legislature bulk text through L.2025, c.405 on September 5, 2026. Sentencing ranges were checked against N.J.S.A. 2C:43-3 and 2C:43-6 in the same snapshot. The Judiciary’s live model-charge index was checked September 5, 2026; because model charges are revised separately, its current entry should be used at the time of a case.
The citation is only the starting point.
Bring the complaint, charging language, and any release or no-contact conditions. We can discuss what this particular allegation requires and where the proof may be contested.
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Source verification completed September 5, 2026 against the New Jersey Legislature bulk statutes through P.L.2025, c.405, the exact Title 2C section, applicable sentencing statutes, and the New Jersey Judiciary’s current model-charge index. Primary sources: Legislature statute archive and Judiciary model charges. This is source verification, not a representation of attorney review. Laws change; nothing here is legal advice for your specific case.