People v. Fobb

In People v. Fobb, 145 Mich App 786, 790; 378 NW2d 600 (1985), the defendant was convicted of extortion and assault with intent to cause great bodily harm less than murder. The defendant had broken into the victim's office and began choking and beating her. During the attack, the defendant ordered the victim to draft and sign a note stating that the victim had been spreading lies about the defendant. The victim complied with the defendant's directions because of the physical assault. Id. The Court held that the extortion statute does not apply to minor threats which carry no serious consequences for the victim. Rather, prosecutions for threatening a person and forcing him to do something against his will apply only to serious demands. Id. at 792. The Court reversed the defendant's extortion conviction for insufficient evidence, concluding that "the demand by the defendant that the victim execute a useless note was not an offense such as was contemplated by the extortion statute as no pecuniary advantage was obtained nor was the act demanded of such consequence or seriousness as to apply that statute." Id. at 793.