THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Extortion

    1.    Defendant Must Have Knowledge Of Extortion

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Defendant Must Have Knowledge Of Extortion

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    It is __________’s (name of defendant) theory of defense as to Count(s) _____ that, assuming __________ (name of victim) was in fact extorted, __________ (name of defendant) had no knowledge of such extortion and acted not as an extortionist but as an ________ (insert, e.g., attorney and business advisor) to __________ (name of victim).

    The government must prove beyond a reasonable doubt that __________ (name of defendant) had knowledge of an effort to extort __________ (name of victim). If the government has not proven this beyond a reasonable doubt, then, regardless of any other evidence, you must acquit __________ (name of defendant).

United States v. Patrick, 542 F.2d 381, 386 (7th Cir. 1976), cert. denied, 430 U.S. 93 (1977); United States v. Vole, 435 F.2d 774, 776 (7th Cir. 1970); United States v. Phillips, 217 F.2d 435, 440, 442 (7th Cir. 1955).

See also THE SHELLOW COLLECTION: Elements: Knowledge.

See generally NCJIC Chapter 47: Knowledge.

See NCJIC 103.10 [Extortion].