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Interstate Transmission of an Extortionate Threat to Kidnap or Injure

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US-JURY-11THCIR-O30-2-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Interstate Transmission of an Extortionate Threat to Kidnap or Injure is a federal offense under 18 U.S.C. § 875(d). This offense occurs when an individual transmits a threat across state lines with the intent of extorting, or obtaining something of value by coercion. Types of Interstate Transmission of an Extortionate Threat to Kidnap or Injure include: transmission on of a threat to kidnap or injure another person, either through the mail, email, text message, telephone call, or other electronic means. Making a threat of violence in order to obtain money, property, or other items of value. Using any type of interstate transportation to carry out or facilitate the threat. Knowingly sending a threat of violence across state lines, even if the threat is not intended to be carried out.

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FAQ

Interstate communications. (a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.

Generally, the federal crime of ?blackmail? has become more commonly known as ?extortion.? The crime of extortion is making threats to do something, or disclose something, that will in some way harm the victim of the threat. Typically, the threat of potential harm is done in an effort to obtain something of value.

875(c), which provides that any individual who "transmits in interstate or foreign commerce any communication containing any threat to ? injure the person of another" is guilty of a felony and faces up to five years in prison.

The various types of extortion include protection schemes, blackmail, and ransomware. All three are intimidation tactics used to scare a person into giving up money or valuables.

§ 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.

Although the crime of extortion is a felony in all fifty states it can be tried as a federal crime if it is implemented by any wireless communication including emails and texts, other computer communication as well as by telephone or regular mail, or if it illegally affects interstate commerce by any other means.

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.

Section 875 of Title 18 prohibits the transmission in interstate or foreign commerce of: (1) any demand or request for ransom or reward for the release of any kidnapped person; (2) a threat to kidnap or injure any person, either with or without the intent to extort; or (3) with intent to extort, a threat to injure the

More info

The actus reus of the offense is the transmission of the threat in interstate commerce. Complete prior sentence.The threat for robbery is limited to immediate physical harm to the victim or his or her home. Extortion encompasses a greater variety of threats. Transmission in interstate or foreign comnterce of threats to kidnap or injure. Kidnapping his ex-girlfriend, and for interstate domestic violence. Transmitting a Communication Containing a Threat to. Kidnap or Injure (18 U.S.C. § 875(c)). 8.41. 8.49. Abstract ; Most cases of electronic threats are brought to courts in violation. § 875(c), transmitting in interstate or foreign commerce any threat to kidnap any person or threat to injure the person of another).

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Interstate Transmission of an Extortionate Threat to Kidnap or Injure