Cite as: 504 U. S. 255 (1992)
Thomas, J., dissenting
Our duty in construing this criminal statute, then, is clear: "The Court has often stated that when there are two rational readings of a criminal statute, one harsher than the other, we are to choose the harsher only when Congress has spoken in clear and definite language." McNally v. United States, 483 U. S. 350, 359-360 (1987). See also United States v. Wiltberger, 5 Wheat. 76, 95 (1820) (Marshall, C. J.). Because the Court's expansive interpretation of the statute is not the only plausible one, the rule of lenity compels adoption of the narrower interpretation. That rule, as we have explained on many occasions, serves two vitally important functions:
"First, 'a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed. To make the warning fair, so far as possible the line should be clear.' Second, because of the seriousness of criminal penalties, and because criminal punishment usually represents the moral condemnation of the community, legislatures and not courts should define criminal activity." United States v. Bass, 404 U. S. 336, 348 (1971) (citations omitted; footnote omitted).
Given the text of the statute and the rule of lenity, I believe that inducement is an element of official extortion under the Hobbs Act.
Perhaps sensing the weakness of its position, the Court suggests an alternative interpretation: even if the statute does set forth an "inducement" requirement for official extortion, that requirement is always satisfied, because "the coercive element is provided by the public office itself."
defines [official] extortion as 'the obtaining of property from another under color of official right,' or as 'the obtaining of property from another, with his consent, induced under color of official right.'. . . [T]he grammatical structure of the Hobbs Act would appear to support the latter language") (emphasis added).
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