Fulton Georgia Jury Instruction - Interference With Commerce By Robbery - Hobbs Act - Racketeering - Robbery
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FAQ
The Hobbs Act is a federal statute under 18 U.S.C § 1951 that makes it illegal for anyone to impede or affect interstate commerce in any way or degree by committing robbery or extortion.
In 1946, Congress enacted the Hobbs Act which further criminalized certain forms of robbery and extortion. It was originally intended to fight racketeering in labor disputes, and is still frequently used in cases of corruption surrounding labor unions.
Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, violent criminals and street gangs, and corruption directed at members of labor unions.
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 defines robbery as unlawfully taking another person's property by means of actual or threatened force. The second statute is 18 U.S.C. § 924(c), which makes it a federal crime to use a gun in connection with any crime of violence that can be prosecuted in federal court.
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.
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.
It held that attempted Hobbs Act robbery does not qualify as a crime of violence under § 924(c)(3)(A) because no element of the offense requires the government to prove that the defendant used, attempted to use, or threatened to use force.
The Hobbs Act 18 U.S. Code § 1951, passed in 1946, is a federal law that prohibits robbery or extortion, or attempted robbery or extortion, that affects interstate or foreign commerce. The Act originally was designed to target racketeering in labor-management disputes that were common at the time.
It is a federal crime to interfere with interstate commerce by robbery. The Hobbs Act, 18 U.S.C. §1951, made such robberies federal crimes where the defendant interferes with commerce by a robbery. That is, a person interferes with interstate commerce when he robs a business affecting interstate commerce.