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Example of a Case Lacking Extortion Intent

9 October, 2015 - 10:20

Review the example with Rodney and Lindsey in. Change the example and assume that Rodney asks Lindsey to loan him the fifteen thousand dollars so that he can make a balloon payment due on his mortgage. Lindsey refuses. Rodney thereafter threatens to expose Lindsey’s drug trafficking if she doesn’t loan him the money. In many jurisdictions, Rodney may not have the criminal intent element required for extortion. Although Rodney performed the criminal act of threatening to report Lindsey for a crime, he did so with the intent to borrow money from Lindsey. Thus Rodney did not act with the specific intent or purposely to permanently deprive Lindsey of property, which could operate as a failure of proof or affirmative defense to extortion in many jurisdictions.