Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-202-6160
Fax: 973-743-2290
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§ 2C:21-10. Commercial bribery and breach of duty to act disinterestedly
a. A person commits a crime if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:
(1) An agent, partner or employee of another;
(2) A trustee, guardian, or other fiduciary;
(3) A lawyer, physician, accountant, appraiser, or other professional adviser or informant;
(4) An officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association;
(5) A labor official, including any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund; or
(6) An arbitrator or other purportedly disinterested adjudicator or referee.
b. A person whom holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities, real properties or services commits a crime if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism.
c. A person commits a crime if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this section.
d. If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted in violation of this section is $ 75,000 or more, the offender is guilty of a crime of the second degree. If the benefit exceeds $ 1,000, but is less than $75,000, the offender is guilty of a crime of the third degree. If the benefit is $ 1,000 or less, the offender is guilty of a crime of the fourth degree.
The terms "extortion" and "blackmail" are terms routinely used interchangeably, that is, obtaining property through the use of either oral or written threats. The threats can be of physical harm, or harm to one's reputation, livelihood, marriage, etc.
In some states extortion has only occurred when money or property has actually changed hands as a result of the threat. In other states, just the threat is enough to constitute extortion.