Montana Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right
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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.
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.
§ 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.
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 ...
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.
