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Federal- Extortion

Statute
18 USC 1951(a). Interference with Commerce by Extortion

(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant induced the person described in the indictment to part with property;
  2. That the Defendant did so knowingly and willingly by means of “extortion,” as hereafter defined; and
  3. That the extortionate transaction delayed, interrupted or affected commerce.

The term “property” includes not only money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth.

Extortion means to obtain property from someone else with that person’s consent, but whose consent is brought about or induced by the wrongful use of actual or threatened force, violence or fear.

The term “fear” means a state of anxious concern, alarm, or apprehension of harm, and it includes fear of economic loss as well as fear of physical violence.

The term “wrongful” means to obtain property unfairly and unjustly by one having no lawful claim to it.

While it is not necessary to prove that the Defendant specifically intended to affect commerce, it is necessary that the Government prove that the natural consequences of the acts alleged in the indictment would be to delay, interrupt or affect “commerce,” which means the flow of commerce or business activities between a state and any point outside of that state.