13-2304. Collection of extensions of credit by
extortionate means
A. A person who knowingly participates in any way in the use of any extortionate
means to collect or attempt to collect any extensions of credit or to punish any person
for the nonrepayment thereof is guilty of a class 4 felony.
B. In any prosecution pursuant to 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 was punished by extortionate
means.
C. In any prosecution pursuant to 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 13-2302, subsection B, paragraph 1 or 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.
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