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“Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct.”

Elements.

(1) That the accused communicated a certain threat to another; and

(2) That the accused intended to unlawfully obtain something of value, or any acquittance, advantage, or immunity.

Explanation.

(1) In general. Extortion is complete upon communication of the threat with the requisite intent. The actual or probable success of the extortion need not be proved.

(2) Threat. A threat may be communicated by any means but must be received by the intended victim. The threat may be: a threat to do any unlawful injury to the person or property of the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to accuse the person threatened, or any member of that persons’s family or any other person held dear to that person, of any crime; a threat to expose or impute any deformity or disgrace to the person threatened or to any member of that person’s family or any other person held dear to that person; a threat to expose any secret affecting the person threatened or any member of that person’s family or any other person held dear to that person; or a threat to do any other harm.

(3) Acquittance. An “acquittance” is a release or discharge from an obligation.

(4) Advantage or immunity. Unless it is clear from the circumstances, the advantage or immunity sought should be described in the specification. An intent to make a person do an act against that person’s will is not, by itself, sufficient to constitute extortion.

Lesser included offenses.

(1) Article 134—communicating a threat

(2) Article 80—attempts

Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.