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VOLUME 7 - CHAPTER 103
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103.10 Extortion

    103.10.3 Extortion: Defenses And Defense Theories

    103.10.3.1 Extortion: Requirement Of Wrongful Intent
    103.10.3.2 Extortion: Consent Of Victim As Element
    103.10.3.3 Extortion: Additional Defenses And Defense Theories
    103.10.3.4 Extortion: "Threat" As Used In Extortion Statute As Violation Of The First Amendment

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PRACTICE NOTE: See U.S. v. Jackson (2nd Cir. 1999) 180 F3d 55, 65-72).

See generally, FORECITE National™ 305.5.9 [Extortion].

See FORECITE National™ 103.10.1.2 [Extortion: Federal Circuit Model Instructions And Notes].

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PRACTICE NOTE: See OKLAHOMA UNIFORM JURY INSTRUCTIONS - CRIMINAL, OUJI-CR 5-34, comments [Extortion Misdemeanor-Elements] (Oklahoma Center for Criminal Justice, 2nd ed. 1996).

See generally, FORECITE National™ 305.5.9 [Extortion].

See FORECITE National™ 103.10.1.2 [Extortion: Federal Circuit Model Instructions And Notes].

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PRACTICE NOTE: The defenses and defense theories discussed in this chapter are offered to provide ideas which may be helpful in developing a defense strategy and are not intended to be a complete checklist. Depending on the jurisdiction and the factual circumstances, other theories may be available. (See generally FORECITE National™ Volume 11: Affirmative Defenses And Defense Theories (Ch. 250-264).) For example, in any given case defensive theories may be available as to one or more of the basic elements of criminal liability. (See generally FORECITE National™ Volume 5: Basic Elements Of A Criminal Allegation And Defenses Thereto (Ch. 43-62).)

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PRACTICE NOTE:  An extortion statute which prohibits making a threat with an intent to obtain property or services is overbroad and in violation of the First Amendment of the federal constitution because it may permit the imposition of criminal liability based on protected speech. For example, it could cover a consumer’s threat to contact consumer advocates unless the vendor provides a refund for a defective product or a labor activist’s boycott threats. (See U.S. v. Jackson (2nd Cir. 1999) 196 F3d 383 [under common law, extortion threats must be unlawful; therefore, a wrongfulness element must be read into the concept of extortion].)