The Hobbs Act — Extortion by Force, Violence, or Fear (revised 2016) is a federal law that makes it illegal for a person to obtain property from another person by force, violence, or fear. It was passed in 1946 to combat organized crime, and it is now used to prosecute any type of extortion or robbery. The act includes three types of extortion: (1) Obtaining property from another person under color of official right; (2) Obtaining property from another person through the wrongful use of actual or threatened force, violence, or fear; and (3) Obtaining property from another person through wrongful use of the fear of economic harm (i.e. threats of economic harm). The Hobbs Act also provides for increased penalties for extortion and robbery that affects interstate commerce. Additionally, it makes it easier for the federal government to prosecute certain types of extortion and robbery cases. In essence, the Hobbs Act — Extortion by Force, Violence, or Fear (revised 2016) makes it a federal crime to obtain property from another person through force, violence, or fear. It is an important tool in the fight against organized crime and other forms of extortion.
Hobbs Act - Extortion by Force, Violence, or Fear (revised 2016)
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FAQ
Both attempts and conspiracy to commit a Hobbs Act robbery are punishable by the same maximum term of imprisonment of not more than 20 years as for a substantive Hobbs Act robbery.
The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.
A conviction under the Hobbs Act requires proof beyond a reasonable doubt that (1) the defendant knowingly or willfully committed, or attempted or conspired to commit, robbery or extortion, and (2) the defendant's conduct affected interstate commerce. See United States v. Powell, 693 F. 3d 398 (3d Cir. 2012).
The Hobbs Act under 18 U.S.C § 1951 is a federal law prohibiting extortion or robbery by wrongful use of force or fear, or the attempt of these crimes, affecting interstate or foreign commerce. This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time.
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
What is the sentence for violation of the Hobbs Act? This law imposes fines and a maximum sentence of twenty years for extortion that inhibits interstate commerce by depleting an enterprise's assets that would normally be used for the purchase of goods.
Defenses to the Hobbs Act actions did not affect, delay, or obstruct interstate commerce, did not truly extort, or attempt, to rob a person or company, did not use force or fear to induce victim to give up their property, victim did not suffer a loss or defendant did not benefit from property.
To be convicted of attempted extortion, the prosecutor has to prove, beyond a reasonable doubt, that the alleged perpetrator attempted to extort money or property from another person and used a threat in trying. In this article by our California criminal defense lawyers, we will look closely at the law below.