![]() The basic statutory ingredients are a threat made maliciously with the intent to require another to perform an act against his will. is not contemplated by the crime of extortion. 4th DCA 1984), the Fourth District Court of Appeal explained: 5th DCA 2013).Īlternatively, “maliciously” can be defined as ill will, hatred, spite, or an evil intent. The term “maliciously” is usually defined as intentionally and without any lawful justification. Under Florida law, the term “maliciously” generally requires actual malice or legal malice. Proving the Extortion Threat Was Made Malicious Additionally, “attempted” extortion is not a crime. The crime of extortion does not have any lesser-included offenses. The statute prohibits both threats to cause mental or psychological damage. The standard jury instructions for extortion provide that it is not necessary for the State of Florida to prove the actual intent to do harm nor the ability to carry out the threat. The standard jury instructions for extortion were adopted in 2014. At the time, Defendant made the threat, Defendant intended that the threat be communicated to the person who was extorted or compelled.If the threat was made to a third party, then the prosecutor with the State of Florida must also prove a fifth element: ![]() compel another person to do any act or refrain from doing any act against his or her will. ![]()
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