Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

SSB 6602

Brief Description:  Revising the crime of extortion in the second degree.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Costa, Long, Poulsen and Kastama).

Brief Summary of Substitute Bill

$Adds the element of wrongfulness to the crime of extortion in the second degree.

Hearing Date:  2/26/02

Staff:  Jim Morishima (786‑7191).

Background:

Extortion means knowingly obtaining or attempting to obtain property or services by threat.  A person commits extortion in the second degree if he or she commits extortion by means of a threat.  Extortion in the second degree is a class C felony, seriousness level III.

A recent decision by Division I of the Washington Court of Appeals invalidated extortion in the second degree.  State v. Pauling, 108 Wn.App. 445 (2001).  According to the court, the broad definition of threat impinged on a defendant's right to free speech because the definition was broad enough to encompass both protected and unprotected forms of speech.  The court ruled that the crime might have survived constitutional scrutiny if it had been limited to wrongful threats or if it had affirmative defenses that limited its reach.

Summary of Bill:

A person is guilty of extortion in the second degree if he or she commits extortion by means of a wrongful threat.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.