Maxim 7.3.7
Extortion is a crime when, under color of office, one takes what is not due, or more than is due, or before the time when it is due.
Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum.
Source: 10 Coke, 102; Weisman, 26q
Difficulty 1/5 — Foundational
Explanation
A public officer who uses his position to exact anything beyond what is lawfully owed commits the specific crime of extortion — color of office magnifies, not excuses, the wrong.
Where this applies
- A building inspector is demanding bribes to approve permits.
- A tax collector is taking more than is owed and pocketing the difference.
Legal domains
See also
Cite this maxim
NeCede Max. 7.3.7 — Extortion is a crime when, under color of office, one takes what is not due, or more than is due, or before the time when it is due. — 10 Coke, 102; Weisman, 26q (Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum.)
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