Arrestable Offenses / Crimes under Fla. Stat. 836.05
S836.05 - EXTORT - RENUMBERED. SEE REC # 9967 - F: S
CopyCited 40 times | Published | Court of Appeals for the Eleventh Circuit | 2014 WL 4338527
...threat of injury to another person “with the intent thereby to extort money or any pecuniary
advantage whatsoever, or with intent to compel the person so threatened . . . to do any act or
refrain from doing any act against his or her will . . . .” Fla. Stat. Ann. § 836.05....
CopyCited 30 times | Published | Supreme Court of Florida | 1990 WL 141449
...Stat. (1985). [6] We agree that in certain circumstances the legislature can criminalize coercive attempts to elicit even truthful testimony from a witness. For example, some conduct of this type may constitute extortion that would be criminal under section 836.05, Florida Statutes (1989)....
CopyCited 29 times | Published | Supreme Court of Florida
...1981), and Pagano v. State,
387 So.2d 349 (Fla. 1980). [1] We hold that one may never be convicted of a nonexistent crime and remand for a new trial, finding that defense counsel invited the error. The state charged petitioner with extortion under section
836.05, Florida Statutes (1977)....
CopyCited 24 times | Published | Supreme Court of Florida
...This cause is before us on direct appeal from the Criminal Court of Record of Palm Beach County, Florida. Appellant was charged and convicted of conspiracy, extortion and impersonating a police officer. Our jurisdiction was established when the trial judge specifically ruled that the extortion statute in question, Fla. Stat. § 836.05, F.S.A., was constitutional....
CopyCited 20 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 16784
...ith jail; have threatened to accuse him and have accused him of a criminal violation of the Records Act; and have threatened "injury to the person, property or reputation of Ferre." FERRE contends that these alleged threats constitute a violation of Section
836.05, Florida Statutes, which makes it a felony to maliciously threaten to accuse another of any crime or offense with the intent to extort money or any pecuniary advantage or to compel another to do, or refrain from doing, an act against his will. Section
836.05, however, does not expressly provide for a private right of action nor, plaintiffs argue, does the statute create a private right of action by implication. This Court agrees with plaintiffs that Judge Pearson's concurring opinion in Roger Rankin Enterprises, Inc. v. Green,
433 So.2d 1248 (Fla. 3d DCA 1983) is persuasive authority for the proposition that in enacting §
836.05 the Florida Legislature did not intend to create a private civil cause of action....
...the Legislature intended to create a private right of action *977 under the statute it would have expressly provided for one, as it did under the criminal theft statute §
812.035, Florida Statutes. Judge Pearson's reasoning is equally applicable to §
836.05 which is similarly devoid of any suggestion that the legislature intended to create a private civil cause of action for damages. Accordingly, as there is no private right of action under §
836.05, this Court finds judgment on the pleadings should be entered as to Count III....
CopyCited 19 times | Published | Supreme Court of Florida
...Kogan, Miami, for appellant. Jim Smith, Atty. Gen., and Steven L. Bolotin, Asst. Atty. Gen., Miami, for appellee. ADKINS, Justice. The Circuit Court of the Eleventh Judicial Circuit in and for Dade County has upheld the constitutionality of sections
836.05 and
877.02, Fla....
...see that articles against the project are printed and will organize and represent the people who live in the development against the construction of the marina. The defendant was charged with felonious extortion and solicitation of legal business. §§
836.05 and
877.02, Fla....
...The extortion statute prohibits only those utterances or communications which constitute malicious threats to do injury to another's person, reputation, or property. Furthermore, the threats must be made with the intent to extort money or the intent to compel another to act or refrain from acting against his will. § 836.05, Fla....
...State,
334 So.2d 589 (Fla. 1976). Just as the elements of malice and intent prevent overbroad application of the statute, they lend sufficient clarity to provide adequate notice of the proscribed activity to persons of ordinary intelligence and understanding. We hold that section
836.05, Florida Statutes (1977), is constitutional....
CopyCited 17 times | Published | Florida 1st District Court of Appeal
...ation of the appellant's ability to pay all or a part of the restitution amount set by the court. Pursuant to his plea of nolo contendere, the defendant was placed on probation for *975 a period of 15 years on a charge of "extortion by threat" under Section 836.05, Florida Statutes (1981)....
CopyCited 14 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 4227, 2004 WL 516571
...The Court stated that merely interfering or depriving someone of property was insufficient as a matter of law to constitute extortion. See id. at 405,
123 S.Ct. 1057. Turning to the case at hand, it is undisputed that Florida law, specifically Florida Statutes §
836.05, makes chargeable the crime of extortion which is punishable by imprisonment of more than one year. All parties agree that Section
836.05 is a "generic" extortion statute....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Earl George Davis, Jr., took center stage in the Polk County Criminal Court of Record on May 4, 1970, when the county solicitor filed an information charging him with one count of robbery in violation of F.S. § 813.011, F.S.A., and another count of extortion in violation of F.S. § 836.05, F.S.A....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1990 WL 172813
...olence is imminent." §
784.011, Fla. Stat. (1987). Extortion requires an intent "to extort money or any pecuniary advantage" or "to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his will." §
836.05, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 803
...The husband argues that the only reason that he made these threats was to make sure that the wife would not try to hide the level of her income in the divorce proceedings in order to secure more alimony. We have a certain amount of sympathy for that position, but the fact remains he committed the crime of extortion under Section 836.05, Florida Statutes (1983), which specifically deems it a second degree felony to threaten to expose another for *1151 the commission of any crime or offense for one's own pecuniary advantage....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 497118
...and your demands concerning [our client's] resignation and divestment of his interest in [your joint corporation]. In response to the latter, we are forwarding a copy of your correspondence to the State Attorney by copy of this letter for investigation and prosecution for criminal extortion under Florida Statutes § 836.05, a felony of the second degree punishable by a prison term of up to fifteen (15) years and a fine of up to $10,000....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...property of another with intent: (a) To deprive the other person of a right to the property or a benefit therefrom. *526 (b) To appropriate the property to his own or to the use of any person not entitled thereto. Under the alternative provisions of Section 836.05, Florida Statutes (1981), one commits the crime of extortion by maliciously threatening to do certain acts with the intent to extort money from the victim....
...The theft conviction is reversed, the extortion conviction is affirmed. AFFIRMED in part; REVERSED in part. ORFINGER, C.J., concurs. COWART, J., dissents with opinion. COWART, Judge, dissenting: O'Hara was convicted of violating two criminal statutes, extortion (§ 836.05, Fla....
...ts as to common elements overlap, as when property of the value or character required for grand larceny is actually obtained (taken) from a victim by a communicated malicious threat with the wrongful intent required by both offenses. Extortion under section 836.05, Florida Statutes, does not require a taking, obtaining or using of property....
...grand theft within the burglarized structure. O'Hara was convicted of extortion for maliciously communicating a threat with the specific intent to accomplish the wrongful obtaining of money. The majority opinion states that by the extortion statute (§ 836.05, Fla....
...nduct prohibited by the theft statute in Chapter 812 in view of the fact *529 that each statute has elements the other statute does not. While both the offense of statutory grand theft (§
812.014, Fla. Stat.) and the offense of statutory extortion (§
836.05, Fla....
CopyCited 8 times | Published | District Court of Appeal of Florida
...Horner, seeks review of a judgment of conviction entered in the Criminal Court of Record for Dade County, Florida, pursuant to a jury verdict finding him guilty of the crime of extortion. A sentence of ten years' confinement in the state penitentiary followed. We affirm. Section 836.05, Fla....
...t: ____, with intent to compel the said ____, against his will, to refrain from testifying against him * * * which testimony was to be given in a criminal proceeding in which the said CHARLES E. HORNER is a defendant, in violation of Florida Statute 836.05....
...HORNER, * * did * * * verbally and maliciously threaten to expose another, to-wit: ____, to disgrace, with intent thereby to compel the said ____, against his will, to refrain from testifying against him * * * in a criminal proceeding in which the said CHARLES E. HORNER is a defendant, in violation of Florida Statute 836.05....
...astity to another, to-wit: ____, with intent thereby to compel the said ____, against his will, to refrain from testifying against him * * * in a criminal proceeding in which the said CHARLES E. HORNER is a defendant, in violation of Florida Statute 836.05, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida." The appellant's motion to quash the information was denied and the cause went to trial before a jury....
...ontains one count in which the offense is adequately set forth. Having thoroughly scrutinized the statute and the information, we hold that the information, viewed as a whole, [1] and each of its counts, legally and properly charged an offense under § 836.05, supra....
CopyCited 7 times | Published | District Court of Appeal of Florida
...victim. It was there contended that the threatened offense was not one against the laws of Florida, but against the laws of Canada. In holding the information to be sufficient to withstand the attack made upon it, the Supreme Court said: "Under F.S. § 836.05, F.S.A., threats to accuse a person of an offense, or to do him any injury to his person or property may not be a crime unless the same is done `with the intent to compel the person so threatened, or any other person, to do any act against his will'....
...The information specifically alleged that the threat to cause deportation was made maliciously with the intent to extort money. "The threat to cause deportation as alleged in the information for the purpose of extorting money was sufficient to constitute a crime under F.S. § 836.05, F.S.A., because it was a threat made with intent `to compel the person so threatened * * * to do an(y) act against his will.' * * *" *858 Appellee argues that the statute applied only to threats involving individuals, and should not be so...
...The cause is remanded for further proceedings consistent with the views expressed herein. CARROLL, DONALD K., C.J., and RAWLS, J., concur. NOTES [1] For authority to cross-appeal see State of Florida v. McInnes, (Fla.App. 1961)
133 So.2d 581. [2] F.S. Section
836.05, F.S.A....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1987 WL 2005
...This is an appeal from the dismissal with prejudice of an amended complaint which, insofar as is now relevant, claimed the right to compensatory and punitive damages on the theory that a letter written by the appellee Castillo to the appellant Bass violated section 836.05, Florida Statutes (1983), which creates the crime of extortion....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 979, 1989 Fla. App. LEXIS 2055, 1989 WL 36180
...audulent and unethical means of obtaining payments of funds not rightfully theirs while assuring said clients that Appellees had no claim to the funds. [5] The statements in the motion to dismiss the appeal do not constitute a "threat" proscribed by section
836.05, Florida Statutes (1987). See State v. McInnes,
153 So.2d 854, 856 (Fla. 1st DCA 1963). For purposes of this appeal we have accepted appellee's contention that he reasonably believed there was a private right of action for section
836.05 at the time he filed his complaint....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...He contends that the trial court gave an incorrect instruction on "malice" and that the intention to extort money was not proved. The latter point is totally lacking in merit. The former issue, while more persuasive, is also lacking in merit. Appellant was charged under Section 836.05, Florida Statutes (1981), which requires a showing of a threat made maliciously and accompanied by a demand for money or other pecuniary advantage....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...110,
17 So. 359 (1895); Kohen v. H.S. Crocker Co.,
260 F.2d 790 (5th Cir.1958); 25 Am.Jur.2d, Duress & Undue Influence, § 5. These principles, however, do not serve to encompass the husband's statements, for his threats could constitute extortion. See §
836.05, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1993 WL 365103
...He argued, however, that he threatened her with disclosure only so that she could not claim alimony on the basis of the unreported income from her business. We held: "We have a certain amount of sympathy for [his] position, but the fact remains he committed the crime of extortion under Section 836.05, Florida Statutes (1983), which specifically deems it a second degree felony to threaten to expose another for *63 the commission of any crime or offense for one's own pecuniary advantage....
...destroys free agency of party who is thereby caused to do act or make contract not of own volition). [9] This is no accident, as his petition expressly cites Berger and alleges that the extortion here is exactly the same as the extortion there. [10] Section 836.05, Florida Statutes (1991) provides: 836.05 Threats; extortion....
CopyCited 5 times | Published | District Court of Appeal of Florida
...For the foregoing reasons the State's motion to dismiss the cross-appeal taken by appellee herein is denied. We now turn to the State's motion to remand this cause to the trial court for the entry of an order specifying whether the constitutionality of § 836.05, of the statutes was directly passed upon in considering and overruling appellee's motion to quash the information....
...cause remanded to the trial court for the entry of an amended order on appellee's motion to quash the amended information, with directions that such order as may be entered specify whether the court directly passes upon the constitutionality of F.S. § 836.05, F.S.A, in the rendition of its decision....
...the further proceedings of the cause. We have carefully considered appellee's motion to dismiss this appeal but find it to be without substantial merit. Remanded with directions. CARROLL, DONALD K., Chief Judge, and RAWLS, J., concur. NOTES [1] F.S. § 836.05, F.S.A....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...to contact the authorities. [2] The fact or the apprehension of immediate and impending harm was not shown. Appellant having failed to demonstrate error, the judgment of conviction is AFFIRMED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 836.05, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 522
...The Baker test is satisfied, and both convictions and sentences must stand. §
775.021(4), Fla. Stat. (1981). Accordingly, we quash the decision of the district court. It is so ordered. BOYD, C.J., and OVERTON, McDONALD and SHAW, JJ., concur. ADKINS, J., dissents. NOTES [1] §
836.05, Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...`racketeering activity' under 18 U.S.C. § 1961(1)." §
895.02(1)(a)-(b), Fla. Stat. *1170 The crimes enumerated in subsection (a) of section
895.02(1) include, but are not limited to, fraud under Chapter 817 of the Florida Statutes, extortion under Section
836.05 of the Florida Statutes, bribery and misuse of a public office under Chapter 838 of the Florida Statutes, and obstruction of justice under Chapter 843 of the Florida Statutes....
...ainst Plaintiffs in the Dominican Republic pending lawsuit." (Second Amended Complaint ¶ 36.) The definition of extortion under Florida law includes the malicious threatening [11] of another with the intent to extort money or a pecuniary advantage. § 836.05, Fla....
...[11] Extortion makes it unlawful to threaten to accuse another of any crime or offense, or threaten any injury to the person, property or reputation of another, or threaten to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another. § 836.05, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...The defendant invited a lesser included offense instruction of attempted extortion. Upon conviction thereof he now claims that he must go free because such a crime does not exist. We affirm. We begin by agreeing that the crime of attempted extortion does not exist. Section 836.05 of the Florida Statutes (1977) reads: 836.05 Threats; extortion....
CopyCited 3 times | Published | Supreme Court of Florida
...Gen., Tallahassee, for appellee. SUNDBERG, Justice. This cause comes to us by appeal from the decision of the District Court of Appeal, First District, in Matthews v. State, reported at
336 So.2d 643, because the district court initially and directly passed on the validity of Section
836.05 Florida Statutes (1973), thereby vesting jurisdiction in this Court under Article V, Section 3(b)(1), Florida Constitution....
...If a ruling on the validity of the statute was not made in the trial court, it is difficult to understand how it was preserved for review in the District Court of Appeal. Nonetheless, the assignments of error filed by the appellant in the court below clearly raise the constitutional issue: Florida Statute § 836.05, the section under which the Defendant has been convicted, is unconstitutional as applied to your Defendant based upon the facts in this cause and is in contravention as applied *1068 in this cause to Defendant's rights under the First Amendment, Fifth Amendment, and Fourteenth Amendment to the Constitution of the United States of America. The conviction is an unconstitutional application of the extortion statute, i.e., § 836.05....
...At one of these demonstrations, appellant led the crowd in the following chant: Two, four, six, eight, who shall we assassinate? Doug Raines, Doug Raines, Sheriff Untreiner, Askew, and the whole bunch of you pigs. [1] Appellant was arrested and charged with extortion, a violation of Section 836.05, Florida Statutes (1973), [2] in that he verbally and maliciously threatened injury to Sheriff Untreiner in order to compel the dismissal of Deputy Raines....
...NOTES [1] As pointed out in the opinion of the district court there was conflicting evidence as to whether the precise word "assassinate" was used by the demonstrators, but the jury's verdict binds a reviewing court to the "assassination" version of the chant urged by the State. [2] § 836.05, Fla....
...l the persons so threatened to do an act against their will, to-wit: to compel the suspension or resignation of Deputy Sheriff Doug Raines against the will of Sheriff Royal E. Untreiner and against the will of Deputy Sheriff Doug Raines, contrary to section 836.05, Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2007 WL 4480757
...Bill McCollum, Attorney General, and Donna A. Gerace and Giselle Lylen Rivera, Assistant Attorneys General, Office of the Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant Waynard Duan argues that his jury conviction for extortion, pursuant to section 836.05, Florida Statutes (2006), should be reversed because the statute does not apply to conduct which injures only the victim's mental well being....
...et or damage her reputation; rather, the evidence only showed the victim suffered a mental injury, or an injury to her emotional well-being. Appellant argued the victim's mental injury was insufficient to meet the elements of extortion, set forth in section 836.05, Florida Statutes....
...The jury returned a verdict finding appellant guilty of extortion as charged in the *906 information. He was sentenced to one year in prison. Appellant presently appeals his judgment and sentence. II. ANALYSIS In this appeal, appellant asserts the trial court erred in denying his motion for judgment of acquittal, because section 836.05, Florida Statutes, does not include threats of injury to the victim's mental or emotional well being for the purpose of extorting money or other pecuniary gain. Section 836.05, Florida Statutes, provides: Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, pr...
...eby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree. § 836.05, Fla....
...Moreover, the jury was instructed that "injury to the person" includes physical and mental injury, and it is impossible to tell from the verdict form on which theory the jury relied in convicting appellant. Second, the State asserts the trial court properly construed section
836.05 to include injury to the victim's mental or emotional well being. This second argument has merit. Appellant contends this court is obligated, pursuant to section
775.021, Florida Statutes, to strictly construe section
836.05 in his favor....
...Section
775.021(1) requires that the provisions of the criminal code "be strictly construed; when the language is susceptible of differing constructions, it shall be construed most favorably to the accused." §
775.021(1), Fla. Stat. (2006). *907 Thus, appellant contends, the trial court should have ruled that section
836.05 only contemplates a physical injury, and does not include injuries to the victim's mental or emotional well being....
...e obvious intention of the legislature. In other words, such strict construction is subordinate to the rule that the intention of the lawmakers must be given effect." State ex rel. Washington v. Rivkind,
350 So.2d 575, 577 (Fla. 3d DCA 1977). Within section
836.05, there is evidence the Legislature intended the crime of extortion to encompass threats to mental or emotional well being....
...As further evidence of the Legislature's intent, the phrase "injury to the person" is not further modified as a "bodily injury" or "physical injury" to the person, and thus includes both physical and mental injuries. It appears this is a case of first impression in Florida. Accordingly, no Florida court has ruled that section 836.05 excludes threats which cause the victim only a mental or emotional injury....
...such magnitude as to cause her severe mental anguish which would constitute injury to the person. . . . Simply stated, an injury to a person's reputation is an injury to the person."). Conclusion Therefore, we hold that Florida's extortion statute, section 836.05, does encompass injuries, such as the one in this case, where appellant threatened the victim and caused her emotional distress. As in Galusha, appellant used Mrs. Bailey's fear of her husband and his continued abuse to compel her to pay appellant $2,500. No Florida case suggests that this conduct is not included under section 836.05....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 487, 2010 Bankr. LEXIS 1446, 53 Bankr. Ct. Dec. (CRR) 66
...riminal activity, or predicate acts. Fla. Stat. §
772.101, et seq. Count I alleges a "pattern of criminal activity consist[ing] of numerous incidents occurring over a period of more than two years, including: (a) extortion, as defined in Fla. Stat. §
836.05, in violation of Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
refrain from doing any act against his or her will.” §
836.05, Fla. Stat. (2015). “Maliciously” means intentionally
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 1827
...Condition five of Parissay's probation order required that he "live and remain at liberty without violating any law...." The record supports the trial court's finding that Parissay's threats to his former wife and her present husband constituted a violation of the criminal extortion statute. See § 836.05, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 14467
(interpreting Florida’s extortion statute, section
836.05, Fla. Stat. (2009), “to mean that the intent
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 703
...Butterworth, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. On June 27, 1985, Michael Dilla was charged with kidnapping in violation of section
787.01, Florida Statutes (1985), and extortion in violation of section
836.05, Florida Statutes (1985)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1992 WL 25834
...Beisner, Asst. Atty. Gen., for appellee. *1148 SHIVERS, Judge. Taylor, a juvenile at the time of the offenses, appeals from a judgment and sentence adjudicating and sentencing him as an adult on two counts of second-degree felony extortion pursuant to Section 836.05, Florida Statutes (1989)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...threat of injury to another person “with the intent thereby to extort money or any pecuniary
advantage whatsoever, or with intent to compel the person so threatened . . . to do any act or
refrain from doing any act against his or her will.” Fla. Stat. Ann. § 836.05....
CopyPublished | Florida 2nd District Court of Appeal
(interpreting Florida's extortion statute, section
836.05, Fla. Stat. (2009), "to mean that the
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4833
Hamic charging that Stone, in violation of section
836.05, Florida Statutes, F.S.A., threatened an injury
CopyPublished | Supreme Court of Florida | 1953 Fla. LEXIS 1276
of the petitioner under the provisions of F.S. §
836.05, F.S.A. The petitioner questions the sufficiency
CopyPublished | United States Bankruptcy Court, M.D. Florida | 24 Fla. L. Weekly Fed. B 131, 2013 WL 2237530, 2013 Bankr. LEXIS 2130
Holdsworths, the Garcias extorted them under section
836.05, Florida Statutes. As proof of that extortion
CopyPublished | Supreme Court of Florida
threaten” someone for certain enumerated benefits, §
836.05, Fla. Stat. (2019), and Florida courts have
CopyPublished | Supreme Court of Florida
threaten” someone for certain enumerated benefits, §
836.05, Fla. Stat. (2019), and Florida courts have
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3587
containing two counts of extortion under Fla.Stat. §
836.05, F.S.A., and one count of inciting to commit perjury
CopyPublished | District Court of Appeal of Florida
of extortion under section
836.05, Florida Statutes (2020). Section
836.05 provides:
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20469
within the crime of extortion as defined by section
836.05, Florida Statutes (1981). We, therefore, reverse
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15360
threats of bodily injury, *644in violation of §
836.05, F.S.,1 while leading nighttime demonstrations
CopyPublished | Supreme Court of Florida | 2014 WL 3361905
...2d 1052 (Fla. 3d DCA 1987).
This instruction was adopted in July 1998 and amended in 2012 [
95 So. 3d
868] and 2014.
9
8.23 EXTORTION
§
836.05, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 886
...n commerce required to
support a prosecution for extortion under the Hobbs Act. Our decision, however, hardly vindicates
Kaplan, and we note that the State of Florida remains free to prosecute Kaplan on the facts of this
case. See Fla. Stat. Ann. § 836.05 (defining the crime of extortion under Florida State law).
Nevertheless, the evidence in this case does not support a federal prosecution under the Hobbs Act.
12
Perhaps most notably, the U.S....
CopyPublished | Court of Appeals for the Eleventh Circuit
...on commerce required to support a prosecution for extortion under
the Hobbs Act. Our decision, however, hardly vindicates Kaplan,
and we note that the State of Florida remains free to prosecute
Kaplan on the facts of this case. See Fla. Stat. Ann. § 836.05
(defining the crime of extortion under Florida State law).
Nevertheless, the evidence in this case does not support a federal
prosecution under the Hobbs Act....
CopyPublished | Florida 5th District Court of Appeal
convictions and sentences for extortion under section
836.05, Florida Statutes (2015), and written threats
CopyPublished | Supreme Court of Florida
directly passes upon the constitutionality of F.S. §
836.05, F.S.A., in the rendition of [his] decision,”
CopyPublished | Supreme Court of Florida
conviction under Florida’s extortion law, section
836.05, Florida Statutes (2015)? In the decision before
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
may be of use in addressing these situations: Section
836.05 — Threats; extortion. It is a second degree
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1110, 1987 Fla. App. LEXIS 7880
characterizes as the lesser included offense of extortion, §
836.05, Fla.Stat. (1985), and that we should therefore
CopyPublished | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 19262
such conduct, was guilty of a violation of Section
836.05, Florida Statutes (1979), a felony of the second
