8.143BHobbs Act- Affecting Interstate Commerce
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FAQ
This chapter focuses on the Hobbs Act (18 U.S.C. § 1951) which prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.
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.
"Extortion" means the obtaining of property from another with his or her consent, induced by wrongful use of actual or threatened force, violence or fear, or under color of official right.
The Hobbs Act is a federal statute under 18 U.S.C § 1951 that makes it illegal for anyone to impede or affect interstate commerce ?in any way or degree? by committing robbery or extortion.
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.
The Hobbs Act, named after United States Representative Sam Hobbs (D-AL) and codified as 18 U.S.C. § 1951, is a United States federal law enacted in 1946 that prohibits actual or attempted robbery or extortion that affect intrastate or foreign commerce. It also forbids conspiracy to do so.
Interference in interstate commerce is any instance in which a person delays, obstructs or otherwise affects commerce. This can be the sale of or the movement of any type of commodity.
Conduct affects interstate commerce if it in any way involves, interferes with, changes, or alters the movement or transportation or flow of goods, merchandise, money, or other property in commerce between or among the states or between the United States and a foreign country.
