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Criminal Jury Instructions

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10.2-20  Participation or Conspiracy in Use of Extortionate Means -- § 53-392

Revised to December 1, 2007

The defendant is charged [in count __] with (participating / conspiring to participate) in the use of extortionate means.  The statute defining this offense imposes punishment on

any person who knowingly participates in any way, or conspires to do so, in the use of any extortionate means <insert as appropriate:>

  • to collect or attempt to collect any extension of credit.

  • to punish any person for the non-repayment of any extension of credit.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Participated in the use of extortionate means
The first element is that the defendant (participated / conspired to participate) in any way in the use of any extortionate means.

An "extortionate means" means any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation or property of any person.

A participant is a person who, acting with the criminal intent necessary to commit the crime, knowingly and wilfully takes part in or shares in the commission of that crime.

<If charged with conspiring to participate in the use of extortionate means, see Conspiracy, Instruction 3.3-1.>

Element 2 - To collect
The second element is that the extortionate means were used to (collect or attempt to collect / punish any person for the non-repayment of) any extension of credit.

"To collect an extension of credit" means to induce in any way any person to make repayment of an extension of credit.

"To extend credit" means to make or renew any loans, or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

"Credit" is the time that a seller gives the buyer to make the payment that is due.

"Repayment" of any extension of credit includes the repayment, satisfaction or discharge, in whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with such extension of credit.

Element 3 - Knowingly1
The third element is that the defendant did so knowingly.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (participated / conspired to participate) in any way in the use of any extortionate means, 2) the extortionate means were used to (collect or attempt to collect / punish any person for the non-repayment of) any extension of credit, and 3) the defendant did so knowingly.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of (participation / conspiracy) in the use of extortionate means, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 If the defendant is charged with conspiracy to participate in the use of extortionate means, it would be a specific intent crime.
 


 

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