California Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right
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FAQ
Extortion under color of official right means that a public official induced, obtained, accepted, or agreed to accept a payment to which he or she was not entitled, knowing that the payment was made in return for taking, withholding, or influencing official acts.
Under California Penal Code Section 518 PC, extortion (commonly referred to as "blackmail") is a criminal offense that involves the use of force or threats to compel another person into providing money or property, or using force or threats to compel a public official to perform or neglect an official act or duty.
A prosecutor must prove that you made a threat to another person to secure their property or monetary gain. There must be more than a threat present to face a criminal charge. The intent is the key to proving extortion. Additionally, the party who faced a threat will have to comply with the requests.
6.18.1951-2 Hobbs Act - Extortion by Force, Violence, or Fear. Extortion is the obtaining of another person's property or money, with. (his)(her) consent when this consent is induced or brought about through the. use of actual or threatened force, violence or fear.
The Elements of Extortion under The Hobbs Act Interference with interstate commerce; Obtaining or attempting to obtain or conspiring to obtain property from another; With his or her consent; Induced by wrongful use of actual or threatened, force, violence, or fear or under color of official right.
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 ...
[A] conviction under the Hobbs Act requires proof beyond a reasonable doubt that (1) the defendant knowingly or willfully committed, or attempted or conspired to commit, robbery or extortion, and (2) the defendant's conduct affected interstate commerce. See United States v. Powell, 693 F. 3d 398 (3d Cir. 2012).
Defenses to the Hobbs Act actions did not affect, delay, or obstruct interstate commerce, did not truly extort, or attempt, to rob a person or company, did not use force or fear to induce victim to give up their property, victim did not suffer a loss or defendant did not benefit from property.