The previous page examined extortion with the threat of commercial harm.

This page examines extortion with the threat of physical harm:  where someone demands money or other benefit in return for not inflicting death or personal injury on you or another person.

Example:

• A policeman who is manning a roadblock is carrying a gun and aggressively demands an illicit cash payment in order to let you through the roadblock.  You pay the policeman, as you are afraid of personal harm. The policeman consequently lets you through.

Defence for party making the extorted payment:

In many countries, paying an extorted payment to a policeman or government official will be a criminal offence.  However, many countries’ laws do not criminalise such payment, or provide a defence to such payment, if you make the payment only because you fear imminent personal injury or death to yourself or to another person. 

So, in the above example of the police roadblock, it is reasonable for you to fear imminent personal injury or death, and therefore to make the payment to avoid such risk.  The policeman would be guilty of extortion, but, in countries where the safety exception is permitted, you are unlikely to be liable for an offence.

However, the situation would be different if the policeman stopped your car because you were driving dangerously and did not threaten you or demand an illegal payment, but you offered the policeman a personal payment so that you could avoid a fine.  In this case, there would be no extortion offence, but you are likely to be liable for bribery and the policeman is also likely to be liable for bribery if they accept the payment. 

Dealing with extortion: 

If someone tries to extort money from you, but you in no way fear imminent physical harm to yourself or to another person, do not make the payment.  If you fear imminent physical harm to yourself or to another person, it is generally safer to make the payment.