Fill and Sign the Jury Instruction Interstate Transmission of Extortionate Communication Form

26 Interstate Transmission Of Extortionate Communication 18 USC § 875(b) Title 18, United States Code, Sect ion 875(b), makes it a Federal crime or offense for anyone to transmit an extortionate communication in 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 sent or transmitted in interstate commerce a communication containing a true threat [to kidnap any person] [t o injure the person of another], as charged; Second: That the Defendant sent or transmit t ed t hat communication with intent to extort money or other thing of value; and Third: That the Defendant did so knowingly and willfully. To transmit something in " interstate commerce" merely means to send it from a place in one state to a place in another state. A " t rue threat" means a serious threat as distinguished from idle or careless talk, or something said in a joking manner. A statement is a true threat if it was made under such circumstances that a reasonable person would construe it as a serious expression of an intent [t o kidnap] [to injure] another person. To act with intent to " extort " means to act with the intent to obtain money or something of value from someone else, with his or her consent, but induced by the wrongful use of actual or threatened force, violence or fear. The essence of the offense is the willful transmission of an extortionate communication in interstate commerce with t he intent to obtain money or other thing of value, and it is not necessary t o prove that the Defendant actually succeeded in obtaining the money or other thing of value, or that the Defendant actually intended to carry out t he threat. ANNOTATIONS AND COMMENTS 18 USC § 875(b) provides that : Whoever, with intent to extort from any person . . . any money or other thing of value, transmit s in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another [shall be guilt y of an offense against t he United States]. Maximum Penalty: Twenty (20) years imprisonment and applicable fine. The language defining a " true threat" provides explanation and clarification as to the proper standard to be applied in determining whether a threat is a true threat or not . See, e.g., Unit ed States v. Callahan, 702 F.2d 964, 965 (11th Cir. 1983); see generally Lucero v. Trosch, 9 04 F.Supp. 1 33 6, 13 40 (S.D. A la. 1 99 5).