Sec. 53-392. Participation or conspiracy in use of extortionate means. Evidence.
Sec. 53-392. Participation or conspiracy in use of extortionate means. Evidence. (a) Any person who 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 guilty of a
class B felony.
(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 was made, of the circumstances
described in subdivision (b)(1) or (b)(2) of section 53-390, 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.
(1971, P.A. 239, S. 4.)