18 U.S.C. § 1951 – Interference with Commerce by Threats or Violence (The Hobbs Act)

18 U.S.C. § 1951, commonly known as the Hobbs Act, is a federal law that prohibits robbery or extortion that affects interstate or foreign commerce.

The statute makes it a federal crime to obtain property through force, violence, threats, fear, or under color of official right.

Originally enacted in 1946 to combat racketeering and corruption in labor disputes, the Hobbs Act is now widely used by federal prosecutors in cases involving:

Public corruption
Political bribery and extortion
Organized crime
Armed robbery affecting businesses
Conspiracy schemes involving interstate commerce

A conviction under the Hobbs Act carries severe penalties, including up to 20 years in federal prison.

If you are under federal investigation, have received a target letter, or have been indicted, early intervention by an experienced federal criminal defense attorney is critical.

The Hedding Law Firm is here to help. Schedule your consultation today. Our law firm is based in Los Angeles, CA

What Does 18 U.S.C. § 1951 Prohibit?

The Hobbs Act makes it illegal to:

Obstruct, delay, or affect commerce
By robbery or extortion
Or attempt or conspire to do so
Or commit or threaten physical violence in furtherance of such conduct

The statute applies even if the impact on commerce is minimal. Federal courts have interpreted the “affecting commerce” element broadly.

Key Definitions Under the Hobbs Act

Robbery

Under the statute, robbery is defined as the unlawful taking of personal property from another person against their will by:

Actual force
Threatened force
Violence
Fear of injury

The threat may involve injury to the person, their property, or even family members.

Extortion

Extortion is defined as obtaining property from another, with consent, induced by:

Wrongful use of force
Threats of violence
Fear
Under color of official right

The phrase “under color of official right” is particularly important in public corruption cases.

What Does “Under Color of Official Right” Mean?

In public corruption cases, prosecutors do not have to prove explicit threats. Instead, extortion can be established when a public official uses their official position to obtain property not lawfully owed to them.

This often arises in cases involving:

Bribery schemes
Pay-to-play arrangements
Government contracting manipulation
Abuse of regulatory authority

The official's position itself can supply the coercive element.

Interstate Commerce Requirement

To secure a conviction, prosecutors must prove the conduct affected interstate or foreign commerce.

This element is interpreted broadly. Examples include:

Robbing a business that sells goods from out of state
Extorting a company engaged in interstate transactions
Disrupting commercial activity tied to interstate supply chains

Even minimal effects on commerce may satisfy the statute.

What Must the Government Prove?

To convict under 18 U.S.C. § 1951, federal prosecutors must prove beyond a reasonable doubt:

The defendant obtained or attempted to obtain property;
The property was obtained through force, threats, fear, or under color of official right;
The defendant acted knowingly and intentionally;
The conduct affected interstate or foreign commerce.

Each element must be established for a conviction.

Penalties for a Hobbs Act Violation

A conviction under the Hobbs Act carries:

Up to 20 years in federal prison
Substantial fines under federal sentencing guidelines
Supervised release
Restitution

If the offense involves firearms or serious bodily injury, additional charges and enhanced penalties may apply.

Federal sentencing guidelines can significantly increase exposure based on:

Amount of loss
Use of a weapon
Role in the offense
Prior criminal history

Related Federal Racketeering Statutes

Hobbs Act charges are often filed alongside other federal offenses under Chapter 95 of Title 18, including:

18 U.S.C. § 1952 – Interstate travel in aid of racketeering
18 U.S.C. § 1956 – Money laundering
18 U.S.C. § 1957 – Monetary transactions involving criminal proceeds
18 U.S.C. § 1958 – Murder-for-hire
18 U.S.C. § 1959 – Violent crimes in aid of racketeering
18 U.S.C. § 1962 – RICO violations

Multi-count federal indictments can dramatically increase sentencing exposure.

Defenses to Hobbs Act Charges

An experienced federal criminal defense attorney may pursue several strategies.

No Effect on Interstate Commerce

If the alleged conduct did not affect interstate commerce, the federal government may lack jurisdiction.

No Use of Force or Threats

The defense may argue:

No wrongful threat occurred
No coercion was used
The transaction was lawful

No Intent to Commit Extortion or Robbery

Intent is a required element. If the government cannot prove intent beyond a reasonable doubt, a conviction cannot stand.

Lack of Property Transfer

The prosecution must show property was obtained or attempted to be obtained. If no property was transferred or sought, this may undermine the case.

Insufficient Evidence

Federal cases often rely on:

Recorded communications
Cooperating witnesses
Financial records
Surveillance

Challenging credibility, chain of custody, or constitutional violations may weaken the prosecution's case.

What To Do If You Are Under Federal Investigation

If you:

Receive a target letter
Are subpoenaed to testify before a grand jury
Are contacted by FBI agents
Experience a search warrant execution

Do not make statements without legal counsel.

Pre-indictment intervention can sometimes prevent formal charges.

Frequently Asked Questions About the Hobbs Act

What is the Hobbs Act?

The Hobbs Act is a federal law that criminalizes robbery or extortion that affects interstate commerce.

What is “under color of official right”?

It refers to a public official using their official position to obtain property not lawfully owed to them.

Does the government have to prove violence?

Not always. In public corruption cases, prosecutors may not need to prove threats if the official's authority created coercion.

How long is the sentence for a Hobbs Act conviction?

Up to 20 years in federal prison, plus fines and supervised release.

Is a Hobbs Act charge a federal felony?

Yes. It is a serious federal felony prosecuted in United States District Court.

Federal Criminal Defense for Hobbs Act Charges

Hobbs Act investigations are handled by federal agencies such as the FBI and prosecuted by the U.S. Department of Justice. These cases are complex and carry severe sentencing exposure.

If you are under investigation or charged with violating 18 U.S.C. § 1951, immediate legal representation is essential. A skilled federal criminal defense attorney can evaluate the evidence, challenge jurisdictional elements, and develop a strategy tailored to your case.

Early action can significantly impact the outcome of a federal prosecution.

Your best chance for a favorable outcome is with an experienced federal criminal defense attorney at the Hedding Law Firm. To schedule a consultation, call (866) 986-2092 or use the contact form here.

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