Colorado Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Force Or Threats Of Force
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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 ...
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.
[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).
§ 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.