11th Cir. Pattern Jury Instr. (Criminal) O31.2

18 U.S.C. § 876 (b)

It’s a Federal crime to knowingly use the United States mail to send 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 used the United States

Mail to send a message containing a true threat to

[kidnap any person] [injure the person of another];

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.

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 [being [kidnapped] [injured]] [another person being

[kidnapped] [injured]].

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.