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People v. Kozlowski3/4/2002
would void the terms of life imprisonment without possibility of parole imposed for these offenses. (See U.S. Const., 5th & 14th Amends.; Cal. Const., art. I, § 15.)
The issue of whether a PIN code constitutes property for purposes of extortion appears to be one of first impression in this state. In order to determine this issue, we must construe the relevant statutes. This is so because no act is criminal or punishable except as prescribed by the Penal Code of the State of California. The power to define crimes and fix penalties is vested in the Legislature. (Keeler v. Superior Court (1970) 2 Cal.3d 619, 631; see §§ 4, 6.) Courts may not create a criminal offense by enlarging a statute or giving its terms false or unusual meanings. Penal statutes may not be made to reach beyond their plain intent, covering only crimes coming clearly within the statutory language. These laws must be construed according to the fair import of its terms. (Keeler v. Superior Court, supra, 2 Cal.3d at p. 632; see § 4.)
The term "property" as used in the Penal Code includes personal property such as money, goods, chattels, things in action and evidences of debt. (§ 7, subds. 10, 12; see People v. Baker (1978) 88 Cal.App.3d 115, 119.) By its terms, subdivision 12 of section 7 does not create an exclusive list of personal property limited to those specifically named. (See People v. Leyvas (1946) 73 Cal.App.2d 863, 865.) Thus, the fact that a PIN code is not specifically enumerated as property in section 7 does not compel a finding that it is not property capable of being extorted.
Kozlowski and Gatson assume that the definition of property for purposes of extortion is narrow. Witkin advises us that the contrary is true-that the term "property" as used in the California's extortion statute should be broadly interpreted. (See 2 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Crimes Against Property, § 104, p. 137; see generally Annotation, What Constitutes "Property" Obtained Within Extortion Statute (1975) 67 A.L.R.3d 1021.) Another commentator has also rejected a narrow interpretation of the term "property" for purposes of extortion, suggesting that the nature of the crime of extortion-one in which the property is obtained by consent-requires that the term be used "in an unrestricted sense." (See Note, 22 Cal.L.Rev. 225, 226 (1934).) " here is not the same need in extortion for a narrow definition of `property' as in robbery, as the acts sought to be punished by the crime of extortion often result in the obtaining of things of value which would not be subject to robbery from the person." (Id. at p. 227, fn. omitted.) We conclude on the basis of these authorities that a broad interpretation is appropriate when construing the term "property" for purposes of extortion.
Of course, all terms set out in our Penal Code must be construed in context. (§ 7, subd. 16.) When construing the statutory definition of property for purposes of extortion, we may consider robbery cases and cases involving other larceny offenses as well as those specifically related to the crime of extortion. We find this to be appropriate because the crime of extortion is related to the offense of robbery; indeed, courts have sometimes found it difficult to distinguish these two offenses. (People v. Torres (1995) 33 Cal.App.4th 37, 50; People v. Hesslink (1985) 167 Cal.App.3d 781, 790.) The statutory definitions of robbery and extortion are structurally similar. (People v. Hesslink, supra, 167 Cal.App.3d at p. 790.) Both offenses have their roots in common law larceny and both share a common element-acquisition by means of force or fear. (People v. Torres, supra, 33 Cal.App.4th at p. 50.) The two crimes are distinguishab
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