10th Cir. Crim. Pattern Jury Instr. 2.37

COMMUNICATION 18 U.S.C. § 875(b)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 875(b).

This law makes it a crime to transmit an extortionate

communication in interstate or foreign commerce.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant knowingly transmitted a communication

containing a threat to [kidnap any person] [injure the person of

another];

Second: the defendant transmitted the communication with

intent to extort [money] [other thing of value];

Third: the communication was transmitted in interstate or

foreign commerce.

A “threat” is a serious statement expressing intent to [kidnap

any person] [injure the person of another], which, under the

circumstances, would cause apprehension in a reasonable person,

as distinguished from mere political argument, idle talk,

exaggeration, or something said in a joking manner. It is not

necessary that the defendant intended to carry out the threat, nor

is it necessary that the defendant had the ability to carry out the

threat.

To “extort” means to wrongfully induce someone else to pay

money or something of value by threatening a kidnapping or

injury if such payment is not made.

The term “thing of value” is used in the everyday, ordinary

meaning and is not limited to money or tangible things with an

identifiable price tag.