The Hobbs Act: An Overview

The Hobbs Act is a federal law in the United States that was enacted in 1946. It is primarily used to combat robbery and extortion that affects interstate or foreign commerce. The Act is named after Congressman Sam Hobbs of Alabama, who sponsored the legislation.

History and Purpose

The Hobbs Act was passed as part of an effort to address racketeering and organized crime, particularly activities that interfered with commerce across state lines. The law was designed to give federal authorities more power to prosecute crimes that local law enforcement might not be able to handle effectively, especially those involving threats, violence, or coercion.

Key Provisions of the Hobbs Act

What does the Hobbs Act do?

The Hobbs Act makes it a federal crime to obstruct, delay, or affect commerce by robbery or extortion. It also criminalizes attempts or conspiracies to do so. The law covers both actual and threatened force, violence, or fear as means of committing robbery or extortion. The Act is often used in cases involving organized crime, labor racketeering, and public corruption.

Penalties Under the Hobbs Act

How long do you go to jail for the Hobbs Act?

Violations of the Hobbs Act can result in severe penalties. A person convicted under the Act may face up to 20 years in federal prison for each count. The actual sentence can vary depending on the circumstances of the case, such as the use of weapons, the amount of money involved, and the defendant’s criminal history.

Examples and Applications

What is an example of a Hobbs Act robbery?

An example of a Hobbs Act robbery would be a group of individuals using threats of violence to steal money from a business that buys and sells goods across state lines. Because the crime affects interstate commerce, it falls under federal jurisdiction and can be prosecuted under the Hobbs Act. The law has also been used in cases involving extortion by public officials and labor union members.

Legal Interpretations and Case Law

What is the Hobbs Act case law?

Over the years, the Hobbs Act has been the subject of numerous court decisions that have clarified its scope and application. Courts have generally interpreted the Act broadly, allowing federal prosecutors to pursue cases where even a minimal effect on interstate commerce can be shown. Notable Supreme Court cases, such as United States v. Culbert and Evans v. United States, have addressed issues related to the definition of extortion and the required connection to commerce.

Conclusion

The Hobbs Act remains a powerful tool for federal prosecutors in the fight against robbery, extortion, and organized crime. Its broad language and severe penalties make it a significant deterrent to those considering crimes that impact interstate commerce.