5th Cir. Pattern Jury Instr. (Criminal) 2.73A

18 U.S.C. §§ 1951(a), 1951(b)(2) (HOBBS ACT)

Title 18, United States Code, Section 1951(a), makes it a crime for anyone to obstruct,

delay, or affect commerce by extortion. Extortion means the obtaining of or attempting to obtain

property from another, with that person’s consent, induced by wrongful use of actual or threatened

force, violence, or fear.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant obtained [attempted to obtain] [conspired to obtain] property from

another with that person’s consent;

Second: That the defendant did so by wrongful use of actual or threatened force, violence,

or fear; and

Third: That the defendant’s conduct in any way or degree obstructed [delayed] [affected]

commerce [the movement of any article or commodity in commerce].

The government is not required to prove that the defendant knew that his [her] conduct

would obstruct [delay] [affect] commerce [the movement of any article or commodity in

commerce]. It is not necessary for the government to show that the defendant actually intended or

anticipated an effect on commerce by his [her] actions. [All that is necessary is that the natural and

probable consequence of the acts the defendant took would be to affect commerce. If you decide

that there would be any effect at all on commerce, then that is enough to satisfy this element.] [All

that is necessary is that the defendant ’s acts had an actual effect on interstate commerce. It is not

sufficient to merely show that commerce was somehow implicated in the course of events.]

The term “property” includes money and other tangible and intangible things of value.

The term “fear” includes fear of economic loss or damage, as well as fear of physical harm.

It is not necessary that the government prove that the fear was a consequence of a direct

threat; it is sufficient for the government to show that the victim’ s fear was reasonable under the

circumstances.

The use of actual or threatened force, violence, or fear is “wrongful” if its purpose is to

cause the victim to give property to someone who has no legitimate claim to the property.

The term “commerce” means commerce within the District of Columbia [commerce within

the Territory or Possession of the United States] [all commerce between any point in a State,

Territory, Possession, or the District of Columbia and any point outside there of] [all commerce

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between points within the same State through any place outside such State] [all other commerce

over which the United States has jurisdiction].