HOBBS_ACT

H_ACT

**Summary of Justice Manual / Criminal Resource Manual 2403: Hobbs Act — Extortion by Force, Violence, or Fear**

This section from the U.S. Department of Justice's archived Justice Manual (Criminal Resource Manual) explains the elements of **Hobbs Act extortion** under **18 U.S.C. § 1951** when committed through the **wrongful use of actual or threatened force, violence, or fear** (distinct from the "under color of official right" form of extortion).

### Key Statutory Definition
The Hobbs Act defines **extortion** as:
- Obtaining property from another,
- With the other's **consent**,
- Induced by the **wrongful** use of **actual or threatened force, violence, or fear**.

The offense requires an effect on interstate or foreign commerce (even if minimal/"in any way or degree").

### Core Elements to Prove a Violation
To establish Hobbs Act extortion by force, violence, or fear, prosecutors must generally address:
1. **Obtaining of property** — This includes money, tangible items, or intangible things of value (broadly interpreted by courts).
2. **Consent induced by wrongful use** — The victim's consent must be obtained through improper coercion via force/violence/fear.
3. **Actual or threatened** use — Covers both carried-out acts and credible threats.
4. **Wrongfulness** — The use or threat must be wrongful (not all threats qualify; e.g., threatening legitimate legal action usually isn't wrongful).
5. **Fear categories** — Fear can include:
   - Fear of **physical harm** or injury (to person or property).
   - Fear of **economic loss** or harm (e.g., threats to business interests).
   - In some cases, fear of informational/reputational harm (blackmail-like scenarios), though subject to limits on wrongfulness.
6. **Interstate commerce nexus** — The extortion must obstruct, delay, or affect commerce (very low threshold).

### Force/Violence vs. Fear
- **Force or violence** — Involves direct physical compulsion or threats of bodily harm.
- **Fear** — Involves inducing apprehension of harm (physical, economic, etc.). Courts distinguish types of fear, and not every threatened economic pressure is "wrongful" (e.g., a genuine creditor demanding payment isn't extortion unless the method crosses into wrongful coercion).

The manual outlines questions prosecutors must resolve to prove the case, such as whether the threat was credible, whether it induced fear, whether the fear was of a type recognized under the statute, and whether the conduct was wrongful.

This form of extortion often appears in cases involving organized crime, labor racketeering, gang activity, or threats to businesses/individuals, and carries penalties of up to 20 years imprisonment (or more if violence results in death).

For the full statutory text, see **18 U.S.C. § 1951**. This summary is based on the archived Justice Manual section and related authoritative sources.