Fill and Sign the Instruction with Force Form

56.1 Interference With Commerce By Extortion Hobbs Act - - Racketeering (Force Or Threats Of Force) 18 USC § 1951(a) Title 18, United States Code, Sect ion 1951(a), makes it a Federal crime or offense for anyone to extort something from someone else and in doing so to interfere with interstate commerce. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant induced the person described in the indictment to part with property; Second: That the Defendant did so knowingly and willfully by means of " extortion," as hereafter defined; and Third: That the extortionate transaction delayed, interrupted or adversely affected interstate commerce. The term " property" includes not only money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth. Extortion means to obtain property from someone else with that person's consent, but whose consent is brought about or induced by the wrongful use of actual or threatened force, violence or fear. The term " fear" means a state of anxious concern, alarm or apprehension of harm, and it includes fear of economic loss as w ell as f ear of physical violence. The term " wrongful" means to obtain property unfairly and unjustly by one having no lawful claim to it. While it is not necessary to prove that the Defendant specifically intended to interfere with interstate commerce, it is necessary that the Government prove that the natural consequences of the acts alleged in the indictment would be to delay, interrupt or adversely affect " interstate commerce," which means the flow of commerce or business activities between two or more states. You are instructed that you may find that the requisite affect upon interstate commerce has been proved if you find beyond a reasonable doubt that [describe effect on commerce alleged in the indictment on which proof was offered at trial, e.g. , that the banks described in the indictment were formed for the purpose of doing business both within and without the State of Florida, and actually did business outside the State of Florida]. ANNOTATIONS AND COMMENTS 18 USC § 19 51 (a) provides: Whoever in any w ay or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce . . . by extortion [shall be guilty of an offense against the United States]. Maximum Penalty: Twenty (20) years imprisonment and applicable fine. In United States v. Blanton, 79 3 F.2d 1553 (11th Cir. 1986), t he Eleventh Circuit upheld the District Court ' s refusal to instruct the jury that the Defendant must cause or threaten to cause the force, violence or fear to occur. The Court explained that the Defendant need only be aware of the victim' s fear and intentionally exploit that fear to the Defendant ' s own possible advantage.