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CITE

    18 USC Sec. 894                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

HEAD

    Sec. 894. Collection of extensions of credit by extortionate means

STATUTE

      (a) Whoever knowingly participates in any way, or conspires to do
    so, in the use of any extortionate means
        (1) to collect or attempt to collect any extension of credit,
      or
        (2) to punish any person for the nonrepayment thereof,
    shall be fined under this title or imprisoned not more than 20
    years, or both.
      (b) In any prosecution under this section, for the purpose of
    showing an implicit threat as a means of collection, evidence may
    be introduced tending to show that one or more extensions of credit
    by the creditor were, to the knowledge of the person against whom
    the implicit threat was alleged to have been made, collected or
    attempted to be collected by extortionate means or that the
    nonrepayment thereof was punished by extortionate means.
      (c) In any prosecution under this section, if evidence has been
    introduced tending to show the existence, at the time the extension
    of credit in question was made, of the circumstances described in
    section 892(b)(1) or the circumstances described in section
    892(b)(2), and direct evidence of the actual belief of the debtor
    as to the creditor's collection practices is not available, then
    for the purpose of showing that words or other means of
    communication, shown to have been employed as a means of
    collection, in fact carried an express or implicit threat, the
    court may in its discretion allow evidence to be introduced tending
    to show the reputation of the defendant in any community of which
    the person against whom the alleged threat was made was a member at
    the time of the collection or attempt at collection.

SOURCE

    (Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82
    Stat. 161; amended Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

AMENDMENTS

      1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
    title" for "fined not more than $10,000" in concluding provisions.
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