Hobbs Act - Elements of the Offense (18 U.S.C. Sec. 1951) (revised 2014)

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

Description

Hobbs Act - Elements of the Offense (18 U.S.C. Sec. 1951) (revised 2014) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

The Hobbs Act (18 U.S.C. Sec. 1951) (revised 2014) is a federal law that makes it a crime to obstruct, delay, or affect interstate or foreign commerce by robbery or extortion. This act is commonly used to prosecute public officials or other people who have taken money or property under the color of official right. The offense of extortion under the Hobbs Act has four elements: 1. Obstruction, delay, or affect: The defendant must have taken money or property from another person with the intent to obstruct, delay, or affect interstate or foreign commerce. 2. Robbery or extortion: The defendant must have used actual or threatened force, violence, or fear to take the money or property. 3. Interstate or foreign commerce: The defendant must have taken the money or property from a person or business engaged in interstate or foreign commerce. 4. Color of official right: The defendant must have taken the money or property under the color of official right. There are two types of Hobbs Act offenses: (1) Robbery and (2) Extortion. Robbery is the taking of money or property from another person by force or threat of force. Extortion is the obtaining of money or property from another person by wrongful use of fear, under threat of injury or economic harm.