(1) Whoever extorts more than 2,000 yuan but less than 5,000 yuan or repeatedly, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance;
(two) the amount of more than thirty thousand yuan or other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;
(3) If the amount is more than 300,000 yuan or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
What are the constitutive elements of extortion?
The constitutive elements of the crime of extortion are as follows:
1, object elements, the object of infringement is a complex object, which not only infringes on the ownership of public and private property, but also harms the personal rights or other rights and interests of others;
2. The objective elements, in the objective aspect, are the behaviors that the actor uses threats, blackmail, intimidation and other means to force the victim to hand over property;
3, the main elements, the subject is the general subject, and any natural person who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this;
4. Subjective elements, subjectively manifested as direct intention, must have the purpose of illegally extorting other people's property.
The criteria for filing an attempted extortion case are: extortion of public or private property worth more than 2,000 yuan or repeated extortion. The sentencing standards are: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine; 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 his punishment may be lightened or mitigated on the basis of a fine.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 274 of the Criminal Law of People's Republic of China (PRC)
Whoever extorts a large amount of public or private property or repeatedly extorts it for 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; 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.