Kentucky Revised Statutes Title L. Kentucky Penal Code § 514.080. Theft by extortion

(1)  A person is guilty of theft by extortion when he 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 credit or business repute;  or

(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his 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 A misdemeanor unless the value of the property obtained is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;  or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.


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