## Facts

- Woodward’s wife loaned $8,000 to Mike Lyle.
- Lyle repaid the $8,000 at a Fairbanks bar where Woodward’s wife worked and left the money with employee George Cooper to deliver to her.
- Cooper did not deliver the money and instead apparently spent it.
- After learning the money had been given to Cooper, Woodward demanded $8,000 from Cooper and threatened to break Cooper’s legs if he did not pay.
- Cooper reported the threat to police.
- The next day, Cooper made a partial payment to Woodward during a police-monitored transaction, after which Woodward was arrested.
- Woodward was charged with extortion under AS 11.41.520(a)(1) for obtaining property by threatening physical injury.
- At trial, Woodward requested (1) a claim-of-right jury instruction and (2) admission of selective-prosecution evidence to the jury; the court denied both.
- A jury convicted Woodward, and he appealed.

## Issues

1. Whether a defendant may avoid extortion liability under AS 11.41.520(a)(1) by asserting a claim of right to money demanded through threats of physical injury, on the theory that he did not obtain “the property of another.”
2. Whether the defendant was entitled to present evidence of selective prosecution to the jury.

## Decision

- The Alaska Court of Appeals affirmed the conviction.
- The court held that a claim of right is not a defense to extortion by threat of physical injury under AS 11.41.520(a)(1).
- The court held that “property of another” focuses on the victim’s possession or control, not legal title, and the State need not prove the victim’s ultimate ownership.
- The court held that selective prosecution is a legal issue for the judge, not a factual issue for the jury, and evidence on that claim was properly excluded.

## Legal Principles

- Under AS 11.41.520(a)(1), extortion is committed when a person obtains property in another’s possession or control by threatening physical injury; the State need not prove the victim had legal title.
- A good-faith belief that the victim owes the defendant money does not justify obtaining payment by threats of physical injury and does not negate the “property of another” element.
- Selective prosecution is addressed to the court through appropriate motion practice and is not tried to the jury.

## Conclusion

The court upheld Woodward’s extortion conviction, ruling that threats of physical injury to collect an asserted debt constitute extortion regardless of any claim of right, and that selective-prosecution allegations are for judicial resolution rather than jury consideration.


Woodward v. State, 855 P.2d 423 (Alaska Ct. App. 1993)