Extortion may be committed either through force, violence, or fear or under color of official right. 636 F.3d 56 (3d Cir. 2011). The court should use United States v. Manzo, this instruction when the defendant is charged with extortion through force, violence, or fear. The court should also give Instructions 6.18.1951-3 (Hobbs Act - “Unlawful Taking by Force, Violence or Defined), 6.18.1951-4 (Hobbs Act - of Fear” “Fear Injury” Defined), and 6.18.1951-5 (Hobbs Act - Property Defined). If the defendant is charged with extortion under color of official right, the court should give Instruction 6.18.1951-6 (Hobbs Act - Extortion Under Color of Official Right). The bracketed language should be included if there is a question concerning whether the defendant acquired property rather than simply depriving the victim of property. Mere deprivation of property or interference with the use of property is not sufficient under the statute. In 537 Scheidler v. National Organization for Women, Inc., U.S. 393 (2003), the Court addressed the definition of under § 1951. The Court “extortion” have construed the extortion provision of the Hobbs Act at issue in these cases stated, “we to require not only the deprivation of but also the acquisition of at 404. Id. property.” (revised 2016) 6.18.1951-3 Hobbs Act - Taking by Force, Violence or “Unlawful Defined Fear” The government must prove beyond a reasonable doubt that (name) unlawfully took property against will by actual (the alleged victim)’s (his)(her) or threatened force, violence, or fear of injury, whether immediately or in the future. You must determine whether obtained the property by using (name) any of these unlawful means, as set forth in the indictment. The government does not need to prove that force, violence, and fear were all used or threatened. The government satisfies its burden of proving an unlawful taking if you unanimously agree that employed any of these methods; that is, (name) the government satisfies its burden only if you all agree concerning the particular method used by (name).
Extortion may be committed either through force, violence, or fear or under color of official right. United States v. Manzo, 636 F.3d 56 (3d Cir. 2011). The court should use this instruction when the defendant is charged with extortion through force, violence, or fear. The court should also give Instructions 6.18.1951-3 (Hobbs Act - “Unlawful Taking by Force, Violence or Fear” Defined), 6.18.1951-4 (Hobbs Act - “Fear of Injury” Defined), and 6.18.1951-5 (Hobbs Act - Property Defined). If the defendant is charged with extortion under color of official right, the court should give Instruction 6.18.1951-6 (Hobbs Act - Extortion Under Color of Official Right). The bracketed language should be included if there is a question concerning whether the defendant acquired property rather than simply depriving the victim of property. Mere deprivation of property or interference with the use of property is not sufficient under the statute. In Scheidler v. National Organization for Women, Inc., 537 U.S. 393 (2003), the Court addressed the definition of “extortion” under § 1951. The Court stated, “we have construed the extortion provision of the Hobbs Act at issue in these cases to require not only the deprivation of but also the acquisition of property.” Id. at 404. (revised 2016) 6.18.1951-3 Hobbs Act - “Unlawful Taking by Force, Violence or Fear” Defined The government must prove beyond a reasonable doubt that (name) unlawfully took (the alleged victim)’s property against (his)(her) will by actual or threatened force, violence, or fear of injury, whether immediately or in the future. You must determine whether (name) obtained the property by using any of these unlawful means, as set forth in the indictment. The government does not need to prove that force, violence, and fear were all used or threatened. The government satisfies its burden of proving an unlawful taking if you unanimously agree that (name) employed any of these methods; that is, the government satisfies its burden only if you all agree concerning the particular method used by (name).