§707-765 Extortion in the first degree.
(1) A person commits the offense of extortion in the first degree if the
person commits extortion:
(a) Of property, labor, or services the value of
which exceeds $200 in total during any twelve-month period; or
(b) By making or financing any extortionate
extension of credit, or by collecting any extension of credit by extortionate
means.
(2) Extortion in the first degree is a class B
felony. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §5]
Case Notes
Evidence sufficient to convict defendant under this section;
evidence showed that victim borrowed $1,100 from brother and gave it to
defendant; when victim borrowed the money, it became victim's money. 103 H. 68
(App.), 79 P.3d 686 (2003).
Notes of Decisions
Cited in
6
cases, 1982–2016 · leading case:
State v. Merino, 915 P.2d 672 (Haw. 1996).
State v. Merino, 915 P.2d 672 (Haw. 1996).
· cites it 8× “86-0990, in *202 which Merino was charged with extortion in the first degree, a class B felony, in violation of HRS § 707-765 (1985). 2 Also present was deputy prosecuting attorney Peter Carlisle.”
State v. Martin, 79 P.3d 686 (Haw. App. 2003).
· cites it 11× “There was insufficient evidence to convict him of (a) Count One, HRS § 707-765, or (b) Count Two, HRS § 842-2.”
State v. Bates, 933 P.2d 48 (Haw. 1997).
· cites it 4× “Following a jury trial, Jesse James Arruda Bates (defendant) was convicted on February 10, 1994 of one count of racketeering, pursuant to Hawai'i Revised Statutes (HRS) § 842-2(3) (1993), and one count of extortion *213 in the first degree, pursuant to HRS § 707-765(l)(b)…”
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 4× “Second Degree, HRS § 707-711(1)(a); Terroristic Threatening in the First Degree (against a public servant), HRS § 707-716(1)(c); Unlawful Imprisonment in the First Degree, HRS § 707-721; Custodial Interference in the First Degree, HRS § 707-726; Sexual Assault in the Second…”
Derosa v. Ass'n of Apt. Owners of the Golf Villas, 185 F. Supp. 3d 1247 (D. Haw. 2016).
· cites it 2× “Plaintiff argues that Defendants’ actions constituted extortion, as defined in Haw. Rev. Stat. § 707-765 . Viewing the current record in the light most favorable to Plaintiff, 16 Defendants’ actions could be found to *1263 have: substantially harmed Plaintiffs health, financial…”
Huihui v. Shimoda, 644 P.2d 968 (Haw. 1982).
· cites it 2× “Petitioner Henry James Huihui was indicted on November 19, 1981 for two counts of extortion in the first degree, a class B felony under HRS § 707-765(1 )(a) (Supp. 1981) and two counts of extortion in the second degree, a class C felony under HRS § 707-764(l)(a) (Supp.”
— Haw. Rev. Stat. § 707-765(l)(a) — 1 case
State v. Martin, 79 P.3d 686 (Haw. App. 2003).
“There was insufficient evidence to convict him of (a) Count One, HRS § 707-765, or (b) Count Two, HRS § 842-2.”
— Haw. Rev. Stat. § 707-765(l)(b) — 1 case
State v. Bates, 933 P.2d 48 (Haw. 1997).
“Following a jury trial, Jesse James Arruda Bates (defendant) was convicted on February 10, 1994 of one count of racketeering, pursuant to Hawai'i Revised Statutes (HRS) § 842-2(3) (1993), and one count of extortion *213 in the first degree, pursuant to HRS § 707-765(l)(b)…”
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