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10.2-19 Advancing Money for Extortionate Extension of Credit -- § 53-391
Revised to December 1, 2007
The defendant is charged [in count __] with advancing money or property to be used in an extortionate extension of credit. The statute defining this offense imposes punishment on
any person who wilfully advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit sharing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the intention of such person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions 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 - Advanced money or
property
The first element is that the
defendant advanced money or property to another person. The advancement of
money or property can be in the form of a gift, a loan, an investment, pursuant
to a partnership or profit sharing agreement, or otherwise.
Element 2 - Wilfully
The second element is that the
defendant acted wilfully. To act "wilfully" means to act intentionally or
deliberately.
Element 3 - Belief
The third element is that the
defendant had reasonable grounds to believe that it was the intention of the
other person to use the money or property for the purpose of making extortionate
extensions of credit. A "reasonable ground to believe" means that a reasonable
person in the defendant's situation, viewing the circumstances from the
defendant's point of view, would have shared that belief.
An "extortionate extension of credit" means any extension of credit with respect to which it is the understanding of the creditor and the debtor, at the time such extension of credit is made, that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person.
"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.
"Creditor," with reference to any given extension of credit, refers to any person making such extension of credit, or to any person claiming by, under or through such person.
"Debtor," with reference to any given extension of credit, refers to any person to whom such extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.
"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.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant advanced money or property to another person, 2) (he/she) did so wilfully, and 3) (he/she) had reasonable grounds to believe that it was the intention of the other person to use the money or property for the purpose of making extortionate extensions of credit.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
advancing money for the extortionate extension of credit, 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.