Tennessee § 39-14-112 - Extortion.

§ 39-14-112. Extortion.

A person commits extortion who uses coercion upon another person with the intent to: Obtain property, services, any advantage or immunity; Restrict unlawfully another's freedom of action; or Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity; For purposes of this section, “something of value” includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign; For purposes of this section, “corporate campaign” means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law. It is an affirmative defense to prosecution for extortion that the person reasonably claimed: Appropriate restitution or appropriate indemnification for harm done; or Appropriate compensation for property or lawful services. Extortion is a Class D felony. Acts 1989, ch. 591, § 1; 2014, ch. 982, § 2. Sentencing Commission Comments. This section penalizes the use of coercion, defined in § 39-11-106 , for the purposes of obtaining property, any advantage, or an immunity, or to restrict unlawfully another's freedom of action. Because the harm is the use of coercion for the above purposes, the offense is committed even though the offender's efforts are unsuccessful and, for example, do not result in obtaining any property. In addition, because of the potential for violence that results from coercion, a reasonable claim of right for appropriate restitution or compensation is made an affirmative defense, placing a heavier burden of proof on the defendant. See the comment to § 39-11-204 . The use of threats to obtain such restitution or compensation, even if rightfully claimed by the defendant, should be discouraged. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2014, ch. 982, § 5 provided that the act shall apply only to all offenses occurring on or after July 1, 2014. Cross-References. Offenses by public officers and employees (“Little Hatch Act”), title 2, ch. 19, part 2. Penalty for Class D felony, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 25; 13 Tenn. Juris., Extortion, §§ 1, 3; 23 Tenn. Juris., Threats, §§ 2, 3. Law Reviews. “Official” Explanation: Defining “Official Capacity” and Related “Color of Office” Phrases in Bribery and Extortion Law (Steven J. Mulroy), 38 U. Mem. L. Rev. 587 (2008). Attorney General Opinions. Constitutionality of 2014 amendments to bribery, extortion, riot, and trespass laws. OAG 14-44, 2014 Tenn. AG LEXIS 46 (4/7/14). Constitutionality of amended legislation (House Bill 1687/Senate Bill 1662 enacted as 2014 Acts, ch. 982) regarding bribery, extortion, and riot. OAG 14-45, 2014 Tenn. AG LEXIS 45 (4/8/14).