Alaska 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 occurs when a public official obtains money or property that is either not due to him or her, is more than is due to him or her, or before it is due, for an act done within the scope of the office. This type of extortion resembles bribery of a public official.

§ 1951(b)(2) provides: As used in this section- * * * (2) The term ?extortion? means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

The CPC also contains felony offenses related to Extortion: Bribery (§§67-68), Kidnapping (§§207, 209-210), Robbery (§211), Carjacking (§215) and Burglary (§459).

Legal Definition of Extortion The statute prohibits a person (1) from obtaining someone else's property or ?an official act of a public officer;? (2) by wrongfully using force against the person, instilling fear of harm in the person, or acting ?under color of official right.? Federal Extortion.

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.

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Alaska Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right