Hobbs Act Robbery Elements of the Offense

The instructions given to a jury in federal criminal trials break a charge under 18 U.S.C. § 1951 into a short list of requirements. Reading the charging document against that list is the quickest way to see what the government has actually undertaken to prove, and it usually shows that the case is narrower than the narrative suggests.

What follows describes those requirements in general terms. The instructions given in a particular trial depend on which branch of the statute is charged and on the court. If you have been charged under 18 U.S.C. § 1951, call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

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The Elements in Outline

For a completed robbery, the government must prove that the defendant knowingly obtained or took the personal property of another, that he did so from the person or in the presence of another, that he did so against the will of that person by means of actual or threatened force, violence, or fear of injury, and that as a result commerce was obstructed, delayed, or affected. Each element stands on its own.

The Taking

The property must be personal property belonging to or in the custody of another, and it must be taken from a person or in the presence of a person. Property removed from an empty building is not taken in anyone’s presence. Presence is understood practically, covering property close enough that the person could have kept control of it but for the force or fear used.

The taking must also be knowing and unlawful. Where property was surrendered voluntarily, or where the defendant asserted a claim to property he believed was his, the element is in issue rather than settled by the fact of a loss.

Force, Violence, or Fear

The means element is satisfied by actual force, by threatened force, by violence, or by fear of injury, and the fear may relate to injury that is immediate or future, to a person or to property. Fear of economic harm can satisfy the element, which is why the statute reaches conduct involving no weapon and no contact.

What matters is what was communicated and how it operated on the person present. An implied threat can suffice, but it must be shown rather than assumed, and the evidence about what was said, what was displayed, and how the person understood it is the substance of the element.

The Commerce Element

The offense must obstruct, delay, or affect commerce, or the movement of any article or commodity in commerce, in any way or degree. The government commonly proves this by showing that the business dealt in goods that moved across state lines, or that the taking depleted assets the business would have used to obtain such goods.

The element is jurisdictional, and it is an element. Where the alleged victim is an individual, or where the business is local and the evidence about its dealings is thin, the connection must be proved rather than presumed from the nature of the offense.

Extortion, Attempt, and Conspiracy

The extortion branch requires 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 official right theory requires that a public official obtained property he was not entitled to receive, knowing that it was given in return for official action.

Attempt requires the intent to commit the offense and a substantial step toward it, more than mere preparation. Conspiracy requires an agreement to commit the offense and the defendant’s knowing and voluntary joining of that agreement. Both are complete without any taking, which is why prosecutions frequently arise from plans that were interrupted.

Frequently Asked Questions

Does the property have to be taken from a person?

It must be taken from a person or in the presence of a person. Presence is read practically, reaching property the person could have kept control of but for the force or fear used. Property removed when no one was present does not satisfy this element, whatever else the conduct may amount to.

Is a threat enough, or does there have to be violence?

A threat is enough, and so is fear of injury, whether immediate or future and whether to a person or to property. The element turns on what was communicated and how it operated on the person present. Because an implied threat can satisfy it, the evidence about what was actually said and shown carries the weight.

How much of an effect on commerce is required?

The statute uses the words in any way or degree, which is why the threshold is low. It is still an element that the government must prove with evidence about the particular business or person affected, and where that evidence is thin the element is contestable rather than automatic.

Can I be guilty if the robbery never happened?

Yes, through the attempt and conspiracy branches. An attempt requires intent and a substantial step beyond preparation. A conspiracy requires an agreement and the defendant’s knowing decision to join it. Neither requires that anything be taken, and both are proved in these cases largely through recordings.

What is the difference between the robbery branch and the extortion branch?

Robbery involves a taking against the will of the person. Extortion involves obtaining property with consent, where the consent was induced by wrongful use of force or fear, or under color of official right. The distinction matters because the elements, the instructions, and the evidence differ, and the same conduct is sometimes charged both ways.

Does the government have to prove I knew the business was in interstate commerce?

No. The commerce connection is a jurisdictional element and does not carry a knowledge requirement. That does not relieve the government of proving the connection itself, which remains a matter of evidence about the business or person affected rather than an inference from the charge.

Working With Law Offices Of SRIS, P.C.

Reading the charging document against the elements is the first task in a Hobbs Act case, because it shows which branch of the statute is charged and what the government has undertaken to prove.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has been practicing since 1997. Mr. Sris and the firm’s Of Counsel attorneys handle criminal defense matters across those jurisdictions, which matters in federal practice because a single investigation frequently reaches conduct, witnesses, and records in more than one state. Mr. Sris brings a background in accounting and information systems from George Mason University, applied to complex financial and technology-related cases.

The firm serves Northern Virginia from 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209 and central Virginia from 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment. Call (888) 437-7747 to schedule. Request a consultation. Reach our location at (888) 437-7747.

This page provides general information about the elements of federal Hobbs Act robbery under 18 U.S.C. § 1951 and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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