Legal Dictionary & Glossary

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EXTORTION

the felonious act of extorting money by use of threats of violence.

Extortion, as it is defined in Hobbs Act, is the obtaining of another person's Property or money, with (his)(her) consent when this consent is induced or brought about through the use of actual or threatened force, violence or fear. (8 U.S.C. S 1951(b)(2))

A public (official)(employee) commits "extortion under color of official right" if (he)(she) uses the power and authority of (his)(her) office in order to obtain money, Property, or something of value from another to which neither that public (official)(employee) nor that government office has an official right. Extortion under color of official right means that a public official induced, obtained, accepted, or agreed to accept a payment to which he or she was not entitled, knowing that the payment was made in return for taking, withholding, or influencing official acts. [The government may show that the benefit was meant to be given to the public official directly, or to a third party who is not a public official but who was acting in concert with the public official.] (18 U.S.C. S 1951-6)

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