Section 1831 | CALCRIM (Jury Instructions)

someone or deposited in a post office or any other place, with the intent
that the letter [or writing] be forwarded to the intended recipient. It is
not required that the intended recipient actually receive the letter [or
writing].]
[It is not required that the intended recipient actually (give the
defendant money [or property]/ [or] do an official act).]
[An official act is an act that a person does in his or her official capacity,
using the authority of his or her public office.]
[A secret is a fact that:
1. Is unknown to the general public or to someone who might be
interested in knowing the fact;
AND
2. Harms the threatened person’s reputation or other interest so
greatly that he or she would be likely to (give the defendant
money[or property]/ [or] do an official act) to prevent the fact
from being revealed.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Depending on the evidence, in element 2, give the appropriate alternative A–C
describing the threat. (Pen. Code, § 519.)
AUTHORITY
•
Elements. Pen. Code, § 523.
•
Crime Complete When Mailed. Pen. Code, § 660.
•
Felony Punishment. Pen. Code, § 520.
•
Threats. Pen. Code, § 519.
•
Coerced Consent. People v. Goodman (1958) 159 Cal.App.2d 54, 61 [323 P.2d
536]; People v. Peck (1919) 43 Cal.App. 638, 645 [185 P. 881] [extortion under
Pen. Code, §§ 518, 519].
•
Official Act Defined. See People v. Mayfield (1997) 14 Cal.4th 668, 769–773 [60
Cal.Rptr.2d 1, 928 P.2d 485] [kidnapping for extortion]; People v. Norris (1985)
40 Cal.3d 51, 55–56 [219 Cal.Rptr. 7, 706 P.2d 1141] [same].
•
Secret Defined. People v. Lavine (1931) 115 Cal.App. 289, 295 [1 P.2d 496]
[extortion under Pen. Code, §§ 518, 519].
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•
Unlawful Injury Defined. People v. Schmitz (1908) 7 Cal.App. 330, 369–370 [94
P. 407, 94 P. 419] [extortion under Pen. Code, §§ 518, 519].
•
Threat to Accuse of Crime Includes Threat to Continue Pursuit of Criminal
Charge. People v. Umana (2006) 138 Cal.App.4th 625, 640–641 [41 Cal.Rptr.3d
573].
COMMENTARY
Adding “official act” to section 518 expanded the definition of extortion in the
related code sections, including section 523, to include extortion of an official act.
(Isaac v. Superior Court (1978) 79 Cal.App.3d 260, 263–264 [146 Cal.Rptr. 396].)
LESSER INCLUDED OFFENSES
•
Attempted Extortion. Pen. Code, § 524.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 125.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
⁢Crimes Against Property, § 143.02 (Matthew Bender).
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