11th Cir. Pattern Jury Instr. (Criminal) O30.4

18 U.S.C. § 875(d)

It’s a Federal crime to knowingly send in [interstate] [foreign] commerce an

extortionate communication.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly sent a message in

[interstate] [foreign] commerce containing a true

threat to [damage the [reputation] [property] of

another] [accuse another of a crime]; and

(2) the Defendant did so with the intent to extort

money or something else of value to the

Defendant.

The Government doesn’t have to prove that the Defendant intended to carry

out the threat or succeeded in obtaining the money or any other thing of value.

[To transmit something in “interstate commerce” means to send it from a

place in one state to a place in another state.]

[To transmit something in “foreign commerce” means to send it from a place

in the United States to anyplace outside the United States.]

A “true threat” is a serious threat – not idle talk, a careless remark, or

something said jokingly – that is made under circumstances that would place a

reasonable person in fear of [damage to their [property] [reputation]] [damage to

another person’s [property] [reputation]] [being accused of a crime] [another

person being accused of a crime].

To act with “intent to extort” means to act with the purpose of obtaining

money or something of value from someone who consents because of the true

threat.

A “thing of value” is anything that has value to the Defendant, whether it’s

tangible or not.