Article 127 — Extortion | Manual for Courts-Martial

Part IV · Punitive Articles

Article 127. Extortion · MCM ¶ 76

2024 Manual for Courts-Martial, United States

(a) Text of statute. Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.

(b) Elements.

(1) That the accused communicated a certain threat to another; and

(2) That the accused intended to unlawfully obtain something of value, or any acquittance, advantage, or immunity.

(1) In general. Extortion is complete upon communication of the threat with the requisite intent. The actual or probable success of the extortion need not be proved.

(2) Threat. A threat may be communicated by any means but must be received by the intended victim. The threat may be: a threat to do any unlawful injury to the person or property of the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to accuse the person threatened, or any member of that person’s family or any other person held dear to that person, of any crime; a threat to expose or impute any deformity or disgrace to the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to expose any secret affecting the person threatened or any member of that person’s family or any other person held dear to that person; or a threat to do any other harm.

(3) Acquittance. An acquittance is a release or discharge from an obligation.

(4) Advantage or immunity. Unless it is clear from the circumstances, the advantage or immunity sought should be described in the specification. An intent to make a person do an act against that person’s will is not, by itself, sufficient to constitute extortion. Dishonorable discharge, d. Maximum punishment . forfeiture of all pay and allowances, and confinement for 3 years.

(d) Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

(e) Sample specifications. In that __________ (personal jurisdiction data), did, (at/on board—location) (subject-matter jurisdiction data, if required), on or about _____ 20 __, with intent unlawfully to obtain (something of value, to wit: ________) (an acquittance) (an advantage, to wit: __________) (an immunity, to wit: __________), communicate to __________ a threat to (here describe the threat).

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

3a-76-1EXTORTION

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 3 years, E-1. (Category 2)

Sample specification

In that __________ (personal jurisdiction data), did, (at/on board—location), on or about __________, with intent unlawfully to obtain (something of value, to wit: ____) (an acquittance) (an advantage, to wit: __________) (an immunity, to wit: __________), communicate to __________ a threat to (here describe the threat).

Elements

(1) That (state the time and place alleged), the accused communicated a certain threat to (state the name of the person to whom the threat was allegedly communicated), to wit: (state the language alleged), or words to that effect; and

(2) That the accused thereby intended to unlawfully obtain (something of value, to wit: ____) (an acquittance) (an advantage, to wit: __________) (an immunity, to wit: __________).

Definitions & other instructions

The offense of extortion is complete when one wrongfully communicates a threat with the intent to obtain (something of value) (________). The actual or probable success of the extortion need not be proved.

A threat may be communicated by any means but must be received by the intended victim.

The threat in extortion may be (a threat to do any unlawful injury to the person or property of the individual threatened or of any member of his/her family or any other person held dear to him/her) (a threat to accuse the individual threatened, or any member of his/her family or any other person held dear to him/her, of any crime) (a threat to expose or impute any deformity or disgrace to the individual threatened or to any member of his/her family or any other person held dear to him/her) (a threat to expose any secret affecting the individual threatened or any member of his/her family or any other person held dear to him/her or a threat to do any harm).

(An “acquittance” is a release or discharge from an obligation.)

(An intent to make a person do an act against his/her will is not, by itself, sufficient to constitute extortion.)

NOTE 2. Declarations made in jest. A declaration made under circumstances which reveal it to be in jest or for an innocent or legitimate purpose or which contradicts the expressed intent to commit the act, is not wrongful. Nor is the offense committed by the mere statement of intent to commit an unlawful act not involving injury to another. Consequently, if the evidence raises any such defense, the military judge must, sua sponte, instruct carefully and comprehensively on the issue. Refer to instructions and NOTES accompanying Communicating a Threat, 3a-39-1 and US v. Rapert, 75 MJ 164 (CAAF 2016).

NOTE 3. Advantage or immunity. Unless it is clear from the circumstances, the advantage or immunity sought should be described in the specification. An intent to make a person do an act against his/her will is not, by itself, sufficient to constitute extortion.

Source: Instruction 3a-76-1 · view original on jagcnet.army.mil