(10) Crime of extortion: 1. The statutory penalty is fixed-term imprisonment of not more than three years, and the sentencing starting point and benchmark penalty of the criminal detention range (1). If the amount of crime reaches the relatively large starting point of 3,000 yuan, or if extortion occurs three times in two years, the starting point of sentencing can be determined within the range of less than three months of criminal detention to less than one year of fixed-term imprisonment. (2) extortion of public or private property, if the amount of crime reaches 1,500 yuan but less than 3,000 yuan, the starting point of sentencing can be determined within the range of three months of criminal detention to one year of fixed-term imprisonment: those who have been criminally punished for extortion; Having received administrative punishment for extortion within one year; Blackmailing minors, the disabled, the elderly or people who have lost the ability to work; Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping; Extortion in the name of evil forces; Using or pretending to be a state functionary, soldier, journalist and other special identities to extort money; Causing other serious consequences. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime. Under any of the following circumstances, the corresponding punishment may be increased: (1) For every increase in the amount of crimes, 1500 yuan, one month's imprisonment may be increased; (2) For each minor injury, the sentence can be increased by one month to two months; (3) For each minor injury, the sentence can be increased by three to four months; For each minor injury, the sentence can be increased by five to six months; (4) If the amount of extortion has not reached a large level for many times within two years, the fact that the amount of punishment is increased for more than three times, and each time it exceeds 1 time, the fixed-term imprisonment may be increased for two to three months; (5) Other circumstances that can aggravate the punishment. 2. Sentencing starting point and benchmark punishment for fixed-term imprisonment of not less than three years but not more than ten years (1). If the amount of crime reaches the starting point of 60 thousand yuan, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than five years. (2) If the amount of extortion of public or private property reaches more than 48,000 yuan but less than 60,000 yuan, it can be considered as "other serious circumstances" under any of the following five circumstances, and the starting point of sentencing shall be determined within the range of fixed-term imprisonment of more than three years and less than five years: extortion of minors, disabled people, the elderly or people who have lost the ability to work; Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping; Extortion in the name of evil forces; Using or pretending to be a state functionary, soldier, journalist and other special identities to extort money; Causing other serious consequences. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime. Under any of the following circumstances, the corresponding punishment may be increased: (1) For every 6,000 yuan increase in the amount of crime, one month's imprisonment may be increased; (2) For each minor injury, the sentence can be increased by one month to two months; (3) For each minor injury, the sentence can be increased by three to four months; For each minor injury, the sentence can be increased by five to six months; (4) If there are "other serious circumstances" in Item (2) of Paragraph 1 of this Article, the term of imprisonment may be increased by six months to one year for each additional circumstance; (5) Other circumstances that can aggravate the punishment. 3. Starting point and benchmark of statutory punishment The starting point for extortion of public and private property is 10 years imprisonment (1), and the amount of crime reaches 400,000 yuan, which is extremely huge. The starting point for sentencing can be determined within the range of 10 to 12 years imprisonment. (2) The amount of extortion of public or private property reaches more than 320,000 yuan but less than 400,000 yuan, and it can be considered as "other particularly serious circumstances" under one of the following five circumstances, and the starting point of sentencing can be determined within the range of fixed-term imprisonment of 10 years or less 12 years: extortion of minors, disabled people, the elderly or people who have lost the ability to work; Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping; Extortion in the name of evil forces; Using or pretending to be a state functionary, soldier, journalist and other special identities to extort money; If other especially serious consequences are caused on the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount and frequency of extortion, the severity of the crime and other criminal facts that affect the composition of the crime. Under any of the following circumstances, the corresponding punishment may be increased: (1) For every 30,000 yuan increase in the crime amount, the fixed-term imprisonment of 1 month may be increased; (2) For each minor injury, the sentence can be increased by one month to two months; (3) For each minor injury, the sentence can be increased by three to four months; For each minor injury, the sentence can be increased by five to six months; (4) If there are "other particularly serious circumstances" in Item (2) of Paragraph 1 of this Article, the term of imprisonment may be increased by one to two years for each additional circumstance; (5) Other circumstances that can aggravate the punishment. 4. Under any of the following circumstances, a heavier punishment may be imposed, but if there are two or more circumstances at the same time, the cumulative amount shall not exceed100% of the benchmark punishment: (1) extortion of public or private property, and under any of the following circumstances (except those that have been determined to constitute a crime), the benchmark punishment may be increased by less than 30%: Having received administrative punishment for extortion within one year; Blackmailing minors, the disabled, the elderly or people who have lost the ability to work; Threatening to extort money by committing crimes that endanger public security, such as arson and explosion, or crimes that seriously violate citizens' personal rights, such as intentional homicide and kidnapping; Extortion in the name of evil forces; Using or pretending to be a state functionary, soldier, journalist and other special identities to extort money; Causing other serious consequences or especially serious consequences. For each additional case, the benchmark fine can be increased by less than 10%. (2) If the amount of extortion is relatively large and there are many cases of extortion, it can be increased below 20% of the benchmark punishment; (3) extortion due to drug abuse, gambling and other illegal acts can be increased by less than 20% on the basis of the benchmark punishment; (four) other circumstances that can be severely punished. 5. In any of the following circumstances, a lenient punishment may be given: (1) If the victim is at fault for the occurrence of extortion, the basic punishment may be reduced by less than 20% according to the degree of the victim's fault and other circumstances of the case, except that the circumstances are obviously minor and the harm is not great and it is not considered a crime; (2) if extortion is really forced by life and needs urgent study and treatment, the benchmark punishment can be reduced by less than 20%; (3) If extortion of property from close relatives is deemed as a crime, the benchmark punishment can be reduced by10%-50%; (4) Other circumstances that can be given a lighter punishment.