Hobbs Act — Extortion by Force, Violence, or Fear is a federal law in the United States that makes it a crime for a person to use, or attempt to use, actual or threatened force, violence, or fear to obtain property from another person. The Hobbs Act is a criminal law that is applicable in all 50 states, the District of Columbia, Puerto Rico, and the U.S. territories. The Hobbs Act prohibits three types of extortion: robbery, attempted robbery, and extortion by force, violence, or fear. Robbery is defined as the taking of property from another person without their consent, using force, violence, or fear. Attempted robbery is defined as making an effort to rob someone without actually taking the property. Extortion by force, violence, or fear is defined as obtaining property from another person through the use of force, violence, or fear, even if the property is not taken. The Hobbs Act is a federal law that carries serious penalties, including up to twenty years in prison and a fine. The Hobbs Act is enforced by the Federal Bureau of Investigation (FBI).
Hobbs Act - Extortion by Force, Violence, or Fear
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FAQ
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.
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 term ?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, 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.
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.
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.
Under California Penal Code §211, you can be convicted of Robbery if you use force or fear to take property from another person with the intent of not returning it. Robbery is linked to Extortion because both crimes require fear or force to make the victim provide something.
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).