The difference between extortion and bribery in Louisiana comes down to how they work. Extortion means using threats to force someone to give you something of value, carrying up to 15 years in prison under RS 14:66. Bribery, specifically public bribery under RS 14:118, means offering or accepting something of value to influence a public official, carrying up to 10 years.
In the intricate realm of white-collar crimes, understanding the distinctions between various offenses is paramount. Two offenses that are often entangled yet possess distinct legal characteristics are extortion and bribery.
At Capitelli & Wicker, our New Orleans-based white-collar crime defense lawyers are here to provide clarity on the nuanced differences between extortion and bribery.
Extortion in Louisiana
At its core, extortion involves the act of coercing or compelling someone to do something against their will, typically through the threat of harm, force, or intimidation.
Under Louisiana RS 14:66, extortion is the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity of any description. The statute recognizes a broad range of threats, including:
- A threat to cause unlawful injury to the person or their property, or to someone close to them
- A threat to accuse the person of a crime
- A threat to expose a secret or deformity affecting the person or someone close to them
- A threat to cause harm in retaliation for participation in a legal or legislative proceeding
- Any other threat intended to compel compliance
A conviction for extortion in Louisiana carries one to fifteen years at hard labor.
Understanding Bribery in Louisiana
Bribery (RS 14:118), on the other hand, revolves around the act of offering, giving, receiving, or soliciting something of value with the intent to influence the actions of an individual in a position of power.
Unlike extortion, bribery typically involves an exchange where one party seeks to gain an unfair advantage through the influence of another. This offense often occurs in both public and private sectors, where individuals may attempt to sway decisions in their favor through illicit means.
Differences Between Extortion and Bribery
A few factors come into play when assessing the differences between extortion and bribery.
- Consent: One fundamental difference between extortion and bribery lies in the element of consent. In extortion, the victim is forced into compliance due to the threat of harm or adverse consequences. Conversely, bribery involves a level of mutual agreement between the parties involved, albeit an agreement tainted by corruption and an intent to manipulate decisions.
- Influence: While both extortion and bribery involve an element of influence, the source of influence differs significantly. Extortion relies on fear and coercion, compelling the victim to yield to the demands of the aggressor. Bribery, on the other hand, operates on a more subtle plane, where the offer of something valuable is intended to sway the decision-making process in the briber’s favor.
- Context: Context also plays a pivotal role in distinguishing between extortion and bribery. Extortion often occurs in situations with explicit or implicit threats of physical harm, damage to property, or other forms of coercion. Bribery, however, is more commonly associated with financial gain, political influence, or preferential treatment in business dealings.
Penalties and Legal Consequences for Extortion and Bribery
Both offenses carry serious consequences under Louisiana law:
- Extortion: one to fifteen years at hard labor under RS 14:66
- Public bribery: up to ten years imprisonment and fines up to $2,000 under RS 14:118, plus potential restitution and forfeiture
- Corrupt influencing: up to ten years and fines up to $10,000 under RS 14:120
Federal charges may also apply depending on the circumstances, particularly where public officials, federal programs, or interstate activity are involved, which can significantly increase the exposure.
Hire a Louisiana White Collar Crime Lawyer for Extortion and Bribery Defense
While extortion and bribery share common threads of influence and manipulation, the nuances lie in the methods employed, the nature of consent, and the contextual backdrop of each offense. Hiring a white-collar defense lawyer is an important first step if you’re facing either of these charges in Louisiana.
Capitelli & Wicker has spent over 30 years defending clients against complex criminal charges in New Orleans and across Louisiana. Schedule a consultation or call 504-582-2425.
Frequently Asked Questions About White Collar Crimes Involving Extortion and Bribery in Louisiana
1. What is the difference between extortion and bribery in Louisiana?
Extortion uses threats to force someone to hand over something of value, which means the victim has no real choice. Bribery involves offering or accepting something of value to influence a public official’s decisions and typically involves a degree of mutual agreement between the parties. Both are serious criminal offences, but how they are charged and defended differs significantly.
2. What counts as a threat under Louisiana’s extortion law?
Under RS 14:66, the law covers a wide range of threats, including threats of physical harm, threats to accuse someone of a crime, threats to expose secrets or personal information, and threats made in retaliation for participating in legal or legislative proceedings. Even a threat to “do any other harm” can qualify. The key element is that the threat was made with the intent to obtain something of value.
3. Does bribery in Louisiana only apply to government officials?
Louisiana’s public bribery statute under RS 14:118 is specifically focused on public officials, public employees, witnesses in legal proceedings, and elected or appointed officials. Private sector bribery may fall under other statutes or federal law depending on the circumstances. If your situation involves a private company rather than a government official, speak with a white collar defense attorney to understand which laws may apply.
4. What is corrupt influencing, and how is it different from bribery?
Corrupt influencing under RS 14:120 is when someone pays a middleman with the intention that the middleman will then corruptly influence the official. The penalties are similar to bribery, up to ten years and fines of up to $10,000, but it is a distinct charge with its own elements.
5. Can extortion or bribery charges also be brought at the federal level?
Yes, and federal charges frequently accompany state charges in these cases. Federal bribery statutes, the Hobbs Act (which covers extortion affecting interstate commerce), and other federal laws can apply depending on the facts. Federal charges carry their own penalties and are prosecuted aggressively. If you are under investigation for either offense, having an attorney experienced in both state and federal defense matters is essential.
6. What should I do if I’m being investigated for extortion or bribery in Louisiana?
Do not speak to investigators without an attorney present. Whether the contact comes from state or federal agents, anything you say can be used against you. Contact a white collar defense attorney as soon as possible. Early intervention is one of the most important factors in how these cases develop.
