District of Columbia Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right
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§ 873 Blackmail or Extortion Penalties. Blackmail or extortion under Title 18 of the United States Code, Section 873 is a federal crime punishable by: up to one year in federal prison, a fine, or both imprisonment and a fine.
The CPC also contains felony offenses related to Extortion: Bribery (§§67-68), Kidnapping (§§207, 209-210), Robbery (§211), Carjacking (§215) and Burglary (§459).
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.
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 ...
§ 11.417 Extortion. A person who shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any moneys, goods, property, or anything else of any value, shall be guilty of extortion, a misdemeanor.
Extortion refers to imposing an action or obtaining something by force or coercion. The crime of extortion does exclude legitimate negotiation methods. One example could be a party negotiating a deal with a contractor; neither party could make a threat towards one another in exchange for something in the contract.
Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. See also intentional interference with contractual relations.
Extortion of public officials is called extortion under color of official right. TRUE.
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.
The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.