8.23 EXTORTION

To prove the crime of Extortion, the State must prove the following [four] [five] elements beyond a reasonable doubt:

1. (Defendant) made a [written] [printed] [verbal] communication to (name of person).

2. In that communication, (defendant) threatened to

Give as applicable.

a. accuse another person of any [crime] [offense].

b. injure another person.

c. injure the [property] [reputation] of another person.

d. expose another person to disgrace.

e. expose any secret affecting another person.

f. impute any deformity or lack of chastity to another person.

3. (Defendant's) threat was made maliciously.

4. (Defendant's) threat was made with the intent to

Give as applicable.

g. extort money [or any pecuniary advantage whatsoever] from [(name of person)] [any person].

h. compel [(name of person)] [any person] to do any act or refrain from doing any act against [his] [or] [her] will.

If the person in element #1 is not the same person in element #4, then the defendant's threat was indirect. In those cases, the trial judge must also instruct on element #5. See Calamia v. State, 125 So. 3d 1007 (Fla. 5th DCA 2013).

5. At the time (defendant) made the threat, [he] [she] intended that the threat be communicated to (insert name of person in element #4 who was extorted or compelled).

§ 893.05(2) Fla. Stat. Give only if applicable.

If you find the defendant guilty of Extortion, you must further determine whether the State proved beyond a reasonable doubt that at the time of the Extortion, [he] [she] was acting as a foreign agent and with the intent of benefiting a foreign country of concern.