The Hobbs Act — Affecting Interstate Commerce (revised 2017) is a federal law that prohibits the use of extortion, threats, or violence to interfere with interstate commerce. This law applies to all individuals, including public officials, and was created to ensure that interstate commerce is not obstructed by criminal activities. The Hobbs Act covers any person who interferes with interstate commerce in any way, whether they derive any economic benefit from the activity. This includes activities such as extortion, robbery, bribery, and attempts to influence or obstruct the transportation or movement of goods, services, or people. Under the Hobbs Act, a person found guilty of violating the Act can be sentenced to up to twenty years in prison and/or a fine. The Act also allows civil remedies for victims of extortion or interference with interstate commerce. There are two types of Hobbs Act — Affecting Interstate Commerce (revised 2017): 1. The Original Hobbs Act of 1946, which applies to individuals or entities who use threats or violence to interfere with interstate commerce. 2. The Hobbs Act Amendments of 1984, which applies to public officials who use their power or authority to interfere with interstate commerce.
Hobbs Act - Affecting Interstate Commerce (revised 2017)
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FAQ
This 1946 Act was originally designed to target racketeering in labor disputes which were fairly common at that time. However, now, the Hobbs Act is a common statute used by federal prosecutors for public corruption and commercial disputes, but still used for cases of alleged union corruption.
On February 4, 1887, both the Senate and House passed the Interstate Commerce Act, which applied the Constitution's ?Commerce Clause??granting Congress the power ?to Regulate Commerce with foreign Nations, and among the several States??to regulating railroad rates.
And because the principal offense of Hobbs Act robbery satisfies the force clause of § 924(c), aiding and abetting a Hobbs Act robbery qualifies as a crime of violence too.
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.
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).
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 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 makes it a federal crime to commit, attempt to commit, or conspire to commit a robbery with an interstate component. 18 U. S. C. § 1951(a). Meanwhile, § 924(c) authorizes further punish- ments for those who use a firearm in connection with a ?crime of violence.?
Hobbs Act Defense Lawyer ? 18 U.S.C § 1951 This federal stature prohibits public officials from acquiring property under color of official right or using their authority for extorting property. Further, it prohibits individuals from making threats to use force, violence, or fear to acquire property.