Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Force Or Threats Of Force
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FAQ
The Hobbs Act criminalizes both robbery and extortion:"extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
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.
The Hobbs Act criminalizes both robbery and extortion:"extortion" means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
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.
The defendant knew the threat was wrongful. The threat included a demand for money, property or services. This threat could be express or implied. The plaintiff complied with the demand.
Hobbs Act -- Generally. 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.
The wrongful taking by a public officer of money or property not due to him or his office, whether or not the taking was accomplished by force, threats, or use of fear.