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Penal Code 526 PC | Extortion by a Fake Court Order
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Penal Code 526 PC | Extortion by a Fake Court Order
Penal Code 526 PC is the California law that defines the crime of extortion by use of a fake or fraudulent court order. This law makes it illegal to threaten someone in order to get their property or money, by pretending you have a court order authorizing you to take it.
Extortion by false court order is a felony offense in California. If convited, you can face up to 4 years in California state prison.
Legal Definition of Extortion by Fake Court Order
You commit extortion by false court order when:
- You threaten to unlawfully injure someone or accuse them of a crime,
- With the intent of getting them to give up their property or money or something else of value, and
- You use a fake or fraudulent court order to threaten or frighten them.
Let’s break down each part of this definition:
Threats of harm or accusation
First, you have to threaten to either:
- Unlawfully injure someone, or
- Accuse someone of a crime.
This threat has to be enough to put an average person in fear. For example, threatening to beat someone up or kill them could qualify. Threatening to falsely report them to the police for a crime they didn’t commit would also qualify.
Intent to obtain property
Second, you have to make the threat with the intent of getting the victim’s property, money, or something else of value. You have to want to take something from them unlawfully.
It doesn’t matter if you succeed in actually getting anything from the victim. Just making threats to try to get something from them is enough.
Use of a Fake Court Order
Finally, you have to use a fake or fraudulent court order to make the threats and try to obtain property. For example, you might wave around a forged document that looks like a court order and claim it authorizes you to take the victim’s car or money.
Simply telling someone you have a court order without showing them anything wouldn’t be enough. You need to use some kind of forged document to carry out the extortion.
Examples of Extortion by False Court Order
Some examples of extortion through false court orders include:
- Creating a fake eviction notice and telling your roommate you’ll report them to police unless they move out and let you keep the apartment.
- Producing a phony lawsuit against someone and telling them you’ll seize their bank accounts unless they pay you money.
- Forging a court order to garnish someone’s wages, and threatening to take legal action against their employer if they don’t pay you part of their earnings.
Penalties for Extortion by Fake Court Order
Extortion under Penal Code 526 PC is a felony in California. The maximum sentence is:
- Four (4) years in California state prison, and/or
- A fine of up to ten thousand ($10,000) dollars.
In practice, sentences tend to be less than the maximum penalty. Factors like your criminal history and the facts of the case influence sentencing.
Legal Defenses to PC 526 Charges
If you are accused of extortion by false court order, you can challenge the charges by raising any of the following defenses:
You didn’t make a threat
If you didn’t actually threaten unlawful harm or make false accusations, then you aren’t guilty of extortion. For example, maybe you showed someone a fake court order but didn’t threaten anything.
You didn’t have criminal intent
The prosecution has to prove you had the specific intent to extort property unlawfully. If you lacked this criminal intent – for example, you thought the court order was real – then you are not guilty.
No use of fraudulent court order
If you didn’t use a fake court order to frighten or deceive the alleged victim, then you aren’t guilty of extortion by false court order under this statute.
False accusations
If the alleged victim falsely accuses you out of anger, revenge, or mental illness, the charges could potentially get dismissed.
Other California laws related to Penal Code 526 PC include:
- Penal Code 518 PC – Extortion
- Penal Code 523 PC – Threatening letters
- Penal Code 529 PC – False impersonation
- Penal Code 115 PC – Filing false or forged documents
An experienced California criminal defense lawyer can help defend against charges of extortion through false court orders under Penal Code 526 PC. A lawyer can often negotiate with prosecutors for reduced charges or penalties.
Legal References:
- California Penal Code 526 PC
- CALCRIM Jury Instruction 1804 – Extortion by Writing