Hobbs Act - "Fear of Injury" Defined

• Category: Federal - Jury Instructions - 5th Circuit - Criminal - Hobb Act Extortion and Robbery
• State: Multi-State
• Control #: US-3RDCIR-6-18-1951-4-CR
• Format: Word

Description

Hobbs Act - "Fear of Injury" Defined Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions The Hobbs Act — “Fear of Injury” Defined is a United States federal law that makes it a crime to use “actual or threatened force, violence, or fear” to obstruct, delay, or affect commerce. The law was enacted in 1946 and is codified as 18 U.S.C. § 1951. The Hobbs Act applies to all types of commerce, including interstate and foreign commerce. The law defines “fear of injury” as “the fear of economic loss or physical injury caused by the wrongful conduct of another.” Under the Hobbs Act, it is illegal to commit any act of extortion or robbery that affects interstate or foreign commerce. Acts of extortion are typically threats of physical violence or economic loss. The Hobbs Act also applies to attempts to commit such acts, as well as conspiracies to commit them. The Hobbs Act has two types of “fear of injury”: “actual fear” and “constructive fear.” Actual fear is when the victim has an actual and reasonable fear of injury, while constructive fear is when the victim does not have an actual fear but is nevertheless aware of the risk of harm and has reason to believe that the threat is real and imminent. The penalty for a violation of the Hobbs Act is a fine and/or imprisonment of up to 20 years.

The Hobbs Act — “Fear of Injury” Defined is a United States federal law that makes it a crime to use “actual or threatened force, violence, or fear” to obstruct, delay, or affect commerce. The law was enacted in 1946 and is codified as 18 U.S.C. § 1951. The Hobbs Act applies to all types of commerce, including interstate and foreign commerce. The law defines “fear of injury” as “the fear of economic loss or physical injury caused by the wrongful conduct of another.” Under the Hobbs Act, it is illegal to commit any act of extortion or robbery that affects interstate or foreign commerce. Acts of extortion are typically threats of physical violence or economic loss. The Hobbs Act also applies to attempts to commit such acts, as well as conspiracies to commit them. The Hobbs Act has two types of “fear of injury”: “actual fear” and “constructive fear.” Actual fear is when the victim has an actual and reasonable fear of injury, while constructive fear is when the victim does not have an actual fear but is nevertheless aware of the risk of harm and has reason to believe that the threat is real and imminent. The penalty for a violation of the Hobbs Act is a fine and/or imprisonment of up to 20 years.