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10. Offences
against property
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Article 79-Offences
of obtaining property by extortion
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| 79.1 |
Obtaining property by extortion |
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Obtaining property by extortion is obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right, order or position of authority. |
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Primary Fact(s) |
| 1. That property has been taken from the victim's possession; and |
| 2. That the property was taken with the knowledge of the victim at the time of the offence; and |
| 3. That the property was obtained under certain conditions and pretext; and |
| 4. That the actions of the accused contributed to the taking of the property; and |
| 5. That the conditions and pretext by which the property was obtained by threat to a victim's property or loved ones, intimidation, or false claim of a right, order or position of authority. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) a) if property stolen valued at less than one times average wage earner salary; |
4-6 |
a) if property stolen valued at more than 1 times and less than 3 times average wage earner salary; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 3 times and less than 6 times average wage earner salary; |
4-6 |
a) if property stolen valued at more than 6 times and less than 12 times average wage earner salary; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if property stolen valued at more than 12 times and less than 24 times average wage earner salary;
b) if offender previous convicted for property crime;
c) if a member of an organized group; |
4-6 |
a) if property stolen valued at more than 24 times average wage earner salary; |
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