Hobbs Act - Extortion by Force, Violence, or Fear (revised 2016)
Overview of this form
The Hobbs Act - Extortion by Force, Violence, or Fear is a legal form used to define and understand extortion under federal law. This form specifically addresses obtaining property from another person through improper means, such as actual or threatened force, violence, or fear. It is essential for legal proceedings involving extortion cases, distinguishing it from other forms of theft or robbery, and guiding courts in their instructions to juries on this serious charge.
What’s included in this form
- Definition of extortion based on coercion through force or fear.
- Legal requirement for the transfer of property or money from one party to another.
- Clarification on the distinction between deprivation of property and its acquisition.
- References to related jury instructions and cases for legal context.
- Brackets indicating optional language based on the case specifics.
When to use this form
This form is used in cases where a defendant is charged with extortion under the Hobbs Act. It is relevant when there is evidence of property being obtained through threats or violence, or when disputes arise regarding the nature of consent given by the victim under coercive conditions.
Who needs this form
- Attorneys representing clients involved in extortion cases.
- Defendants charged with extortion who need to understand the nature of the charges.
- Judges and jurors needing clear guidelines for adjudicating extortion-related cases.
How to complete this form
- Identify and name the parties involved in the extortion case.
- Specify the property that was allegedly obtained through extortion.
- Enter details regarding the use of force, threats, or fear that induced consent.
- Include any relevant case references or jury instruction numbers as necessary.
- Review the completed form for accuracy before filing.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to clearly define the property involved in the extortion allegation.
- Omitting critical details about the actions taken to induce fear or consent.
- Confusing extortion with mere theft or robbery without acknowledging the coercive element.
Why complete this form online
- Convenient download and access at any time.
- Editable templates that allow for tailored legal language.
- Reliable forms reviewed and created by licensed attorneys.
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FAQ
Both attempts and conspiracy to commit a Hobbs Act robbery are punishable by the same maximum term of imprisonment of not more than 20 years as for a substantive Hobbs Act robbery.
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.
A conviction under the Hobbs Act requires proof beyond a reasonable doubt that (1) the defendant knowingly or willfully committed, or attempted or conspired to commit, robbery or extortion, and (2) the defendant's conduct affected interstate commerce. See United States v. Powell, 693 F. 3d 398 (3d Cir. 2012).
The Hobbs Act under 18 U.S.C § 1951 is a federal law prohibiting extortion or robbery by wrongful use of force or fear, or the attempt of these crimes, affecting interstate or foreign commerce. This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time.
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat.
What is the sentence for violation of the Hobbs Act? This law imposes fines and a maximum sentence of twenty years for extortion that inhibits interstate commerce by depleting an enterprise's assets that would normally be used for the purchase of goods.
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.
To be convicted of attempted extortion, the prosecutor has to prove, beyond a reasonable doubt, that the alleged perpetrator attempted to extort money or property from another person and used a threat in trying. In this article by our California criminal defense lawyers, we will look closely at the law below.
