Criminal Law Code as at 1st March 2007 PART III EXTORTION 133 Interpretation in Part III of Chapter VI In this Part⎯ “advantage” means any right, interest, profit, indemnity, favour or advantage of any kind whatsoever which benefits a person, whether lawfully or otherwise, or which a person believes will so benefit him or her; “exert illegitimate pressure on a person” means to do anything whatsoever which is intended to and does intimidate that person and, without limiting this definition in any way, includes⎯ (a) to threaten to do something that is lawful for the purpose of extracting an unlawful advantage from another person; and (b) to threaten to do something that is unlawful for the purpose of extracting a lawful advantage from another person. 134 Extortion (1) Any person who⎯ (a) intentionally exerts illegitimate pressure on another person with the purpose of extracting an advantage, whether for himself or herself or for some other person, and whether or not it is due to him or her, from that other person, or causing that other person loss; and (b) by means of the illegitimate pressure, obtains the advantage, or causes the loss; shall be guilty of extortion and liable to⎯ (i) a fine not exceeding level thirteen or not exceeding twice the value of any property obtained by him or her as a result of the crime, whichever is the greater; or (ii) imprisonment for a period not exceeding fifteen years; or both. (2) For the avoidance of doubt it is declared that where a person, for the purpose of inducing or compelling the payment of any money or property as damages or as marriage compensation in respect of a deceased person, leaves or deposits the deceased person’s body on any land or premises occupied by another person, or hinders or prevents the burial of the deceased person’s body, he or she shall be guilty of extortion or, if he or she failed to induce or compel the payment of any money or property, attempted extortion. (3) If a court convicting a person of extortion is satisfied that, as a result of the crime, any money or property was paid to the convicted person, the court may order the convicted person to repay that money or property to the person who paid it to him or her. (4) Subsection (2) of section 366 and sections 367 to 375 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall, with the necessary modifications, apply in relation to any order under subsection (3) as if it had been made in terms of Part XIX of that Act. - 79 -