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4 months ago

Question 1.

Extortion is an unauthorized act that deprives an owner of his property.

▸ true

▸ false

Question 2.

Distinguish extortion from embezzlement.
Textbook 

Criminal Law (Justice Series)


Edition: 2nd
Authors:
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Kailz1218Kailz1218
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4 months ago
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Answer 1

false

Answer 2

Extortion, or blackmail, consists of taking another's property by threats of future harm. The key is future harm; otherwise, extortion would be the same as robbery. The mens rea of extortion is usually the general intent to take someone else's property by threats of harm or damage. The actus reus is actually doing so. Embezzlement is someone in lawful possession of property retains or converts the property for their own use with the intent to steal or defraud the rightful owner. The mens rea of this statute is straightforward: "intent to steal it or to defraud." The actus reus, however, is a bit more complicated. Embezzlement statutes have to cover every conceivable type of action by which a bailee (one to whom goods are entrusted) could benefit by converting the property of a bailor (the one, usually an employer, who entrusts the bailee with property).
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