1. Whoever constitutes the crime of extortion shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.
2. Whoever constitutes the crime of extortion and the amount is huge or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined. The amount is huge, ranging from 30,000 yuan to1more than 0,000 yuan. If the amount reaches 80% of the standard of "huge amount" and has one of the following circumstances, it belongs to "other serious circumstances".
Blackmailing minors, the disabled, the elderly or people who have lost the ability to work; Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping.
Extortion in the name of evil forces, extortion by using or pretending to be a staff member of a state organ, a soldier, a reporter and other special identities. Other serious consequences.
3. If the crime of extortion is constituted, the amount is especially huge or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 10 years and fined. The amount is extremely huge, ranging from 300 thousand yuan to more than 500 thousand yuan. If the amount reaches 80% of the standard of "especially huge amount" and involves one of the circumstances in Item (2) of Article 2, it shall be deemed as "other particularly serious circumstances".
Extended data:
1. According to Article 274 of the Criminal Law, whoever extorts public or private property in a large amount or repeatedly extorts it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years and fined.
2. If the amount of extortion is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution under any of the following circumstances, it can be determined that the circumstances of the crime are minor, and no prosecution or exemption from criminal punishment is granted, and the relevant departments shall give administrative punishment according to law:
If there is a statutory lenient punishment, he will not participate in sharing stolen goods or get less stolen goods and is not the principal offender, and the victim understands that other circumstances are minor and harmless.
3. According to Article 6 of the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Extortion and Extortion, it is generally not considered a crime to extort property from close relatives and obtain an understanding; If it is found to be a crime, it shall be treated leniently as appropriate.
If the victim is at fault for the occurrence of extortion, he may be lenient with the perpetrator according to the degree of the victim's fault and other circumstances of the case. If the circumstances are obviously minor and the harm is not great, it is not considered a crime.
4. The defendant who commits the crime of extortion shall be fined between 2,000 yuan and 2 times; If the defendant fails to obtain property, he shall be fined between 2,000 yuan and 100,000 yuan.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law