Whoever, verbally or by a written or printed communication, maliciously threatens to accuse another of a crime or offence, or by a verbal or written or printed communication, maliciously threatens an injury to the person or property of another, or any police officer or person having the powers of a police officer, or any officer, or employee of any licensing authority who verbally or by written or printed communication maliciously and unlawfully uses or threatens to use against another the power or authority vested in him, with intent thereby to extort money or any pecuniary advantage, or with intent to compel any person to do any act against his will, shall be punished. In order to prove a defendant guilty of attempted extortion, the Commonwealth must prove beyond a reasonable doubt each of the following five elements:
- Engaged in a verbal, written or printed communication.
- The first element the Commonwealth must prove beyond a reasonable doubt is that a defendant engaged in a verbal, written or printed communication. In order to satisfy this element, the Commonwealth must establish beyond a reasonable doubt that a defendant, by spoken words or by way of writing, conveyed information to another person. Gestures, unaccompanied by spoken words or by writing, are not sufficient to establish this element of attempted extortion.
- The communication constituted a threat.
- The second element the Commonwealth must prove beyond a reasonable doubt is that the communication constituted a threat. A communication constitutes a threat if a reasonably prudent person would construe it as conveying an intention to do a particular wrongful act. The state of mind of the person threatened is not controlling when one determines whether a given communication constitutes a threat. If the statement would have had the effect of a threat on the mind of a reasonable, ordinary person, then it constitutes a threat for the purpose of this alleged offense.
- The communication was undertaken maliciously.
- The third element the Commonwealth must establish beyond a reasonable doubt is that the communication in question was undertaken maliciously. "Maliciously" means that a defendant intended to inflict injury or otherwise do wrong without legal excuse.
- Threatened to accuse another person of a crime or offense.
- The fourth element the Commonwealth must prove beyond a reasonable doubt is that the threat that was made constituted a threat to accuse another person of a crime or offense/to injure the person or property of another.
- Threat was undertaken with the intent to extort money or a pecuniary advantage against a persons will.
- The fifth and final element the Commonwealth must prove beyond a reasonable doubt is that the subject threat was made by a defendant with the intent to extort money, or for pecuniary or monetary advantage, or to compel another person to do any act against his or her will.