11th Cir. Pattern Jury Instr. (Criminal) O70.2

Hobbs Act: Racketeering

(Color of Official Right)

18 U.S.C. § 1951(a)

It’s a Federal crime to extort something from someone else and in doing so

to obstruct, delay, or affect interstate commerce.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant caused [person’s name] to part with property;

(2) the Defendant did so knowingly by using extortion under color of

official right; and

(3) the extortionate transaction delayed, interrupted, or affected

interstate commerce.

“Property” includes money, other tangible things of value, and intangible

rights that are a source or element of income or wealth.

“Extortion under color of official right” is the wrongful taking or receipt of

money or property by a public officer who knows that the money or property was

taken or received in return for [doing] [not doing] an official act. It does not matter

whether or not the public officer employed force , threats, or fear. To qualify as an

official act, the public official must have [made a decision or taken an action]

[agreed to make a decision or take an action] on a question, matter, cause, suit,

proceeding, or controversy.

Further, the question, matter, cause, suit, proceeding, or controversy must

involve the formal exercise of governmental power. It must be similar in nature to

a lawsuit before a court, a determination before an agency, or a hearing before a

committee. It must also be something specific which requires particular attention

by a public official.

The public official’s [decision or action] [agreement to make a decision or

take an action] on that question, matter, cause, suit, proceeding, or controversy

may include using [his/her] official position to exert pressure on another official to

perform an official act, or to advise another official, knowing or intending that

such advice will form the basis for an official act by another official. But setting

up a meeting, talking to another official, or organizing an event (or agreeing to do

so) – without more – is not an official act.

[It is not necessary that the public official actually make a decision or take

an action. It is enough that [he/she] agrees to do so. The agreement need not be

explicit, and the public official need not specify the means [he/she] will use to

perform [his/her] end of the bargain. Nor must the public official in fact intend to

perform the official act, so long as [he/she] agrees to do so.]

“Wrongful” means to get property unfairly and unjustly because the person

has no lawful claim to it.

“Interstate commerce” is the flow of business activities between one state

and anywhere outside of that state.

The Government doesn’t have to prove that the Defendant specifically

intended to affect interstate commerce in any way. But it must prove that the

natural consequences of the acts described in the indictment would be to somehow

delay, interrupt, or affect interstate commerce. If you decide that there would be

any effect at all on interstate commerce, then that is enough to satisfy this elem ent.

The effect can be minimal.