The Hobbs Act — Extortion Under Color of Official Right (revised 2017) is a federal law that prohibits a public official from obtaining property from another person, through the use of fear, under the pretense of official right. It is a crime punishable by up to 20 years in prison. There are two types of Hobbs Act extortion: Hobbs Act extortion by fear, where the victim is threatened with physical violence or economic loss, and Hobbs Act extortion by wrongful use of power, where the public official misuses his or her position of authority to obtain money or property. In either case, the public official must have acted with the intent to obtain money or property from the victim. The Hobbs Act also applies to private citizens and organizations that conspire with a public official to commit extortion.
Hobbs Act - Extortion Under Color of Official Right (revised 2017)
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FAQ
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.
It was originally used to curtail racketeering in labor disputes, which was a common phenomenon at that time. Today, the Hobbs Act is commonly used by federal prosecutors to target public corruption, street gangs, commercial disputes, and union corruption.
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.
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.
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.
A coercion to transfer property to a third party will satisfy the ?benefit? facet of this element. The victim's loss of property is the key requirement here to prove a completed offense. However, note that attempt is also criminalized under the Hobbs Act, even if it did not actually instill fear in the victim.
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.