Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Color of Official Right
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FAQ
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.
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.
Most states define extortion as the gaining of property or money by almost any kind of force or threat of violence, property damage, harm to reputation, or unfavorable government action.Extortion is a felony in all states.
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.
That's why it's a federal crime for anyone acting under color of law to willfully deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. Color of law simply means the person is using authority given to him or her by a local, state, or federal government agency.
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 deprivation of rights under color of law is a federal criminal offense which occurs when any person, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person on any U.S. territory or possession to the deprivation of any rights, privileges, or immunities secured or protected