West Virginia Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right
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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.
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.
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.
This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time. However, now, the Hobbs Act is a common statute used by federal prosecutors for public corruption and commercial disputes, but still used for cases of alleged union corruption.
§ 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.
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 ...