TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 95 - RACKETEERING
HEAD
Sec. 1951. Interference with commerce by threats or violence
STATUTE
(a) Whoever in any way or degree obstructs, delays, or affects
commerce or the movement of any article or commodity in commerce,
by robbery or extortion or attempts or conspires so to do, or
commits or threatens physical violence to any person or property in
furtherance of a plan or purpose to do anything in violation of
this section shall be fined under this title or imprisoned not more
than twenty years, or both.
(b) As used in this section -
(1) The term "robbery" means the unlawful taking or obtaining
of personal property from the person or in the presence of
another, against his will, by means of actual or threatened
force, or violence, or fear of injury, immediate or future, to
his person or property, or property in his custody or possession,
or the person or property of a relative or member of his family
or of anyone in his company at the time of the taking or
obtaining.
(2) The term "extortion" means 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.
(3) The term "commerce" means commerce within the District of
Columbia, or any Territory or Possession of the United States;
all commerce between any point in a State, Territory, Possession,
or the District of Columbia and any point outside thereof; all
commerce between points within the same State through any place
outside such State; and all other commerce over which the United
States has jurisdiction.
(c) This section shall not be construed to repeal, modify or
affect section 17 of Title 15, sections 52, 101-115, 151-166 of
Title 29 or sections 151-188 of Title 45.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 793; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Secs. 420a-420e-1 (June 18,
1934, ch. 569, Secs. 1-6, 48 Stat. 979, 980; July 3, 1946, ch. 537,
60 Stat. 420).
Section consolidates sections 420a to 420e-1 of Title 18, U.S.C.,
1940 ed., with changes in phraseology and arrangement necessary to
effect consolidation.
Provisions designating offense as felony were omitted as
unnecessary in view of definitive section 1 of this title. (See
reviser's note under section 550 of this title.)
Subsection (c) of the revised section is derived from title II of
the 1946 amendment. It substitutes references to specific sections
of the United States Code, 1940 ed., in place of references to
numerous acts of Congress, in conformity to the style of the
revision bill. Subsection (c) as rephrased will preclude any
construction of implied repeal of the specified acts of Congress
codified in the sections enumerated.
The words "attempts or conspires so to do" were substituted for
sections 3 and 4 of the 1946 act, omitting as unnecessary the words
"participates in an attempt" and the words "or acts in concert with
another or with others", in view of section 2 of this title which
makes any person who participates in an unlawful enterprise or aids
or assists the principal offender, or does anything towards the
accomplishment of the crime, a principal himself.
Words "shall, upon conviction thereof," were omitted as
surplusage, since punishment cannot be imposed until a conviction
is secured.
REFERENCES IN TEXT
Sections 101-115 of Title 29, referred to in subsec. (c), is a
reference to act Mar. 23, 1932, ch. 90, 47 Stat. 70, popularly
known as the Norris-LaGuardia Act. For complete classification of
this Act to the Code, see Short Title note set out under section
101 of Title 29, Labor, and Tables.
Section 11 of that act, formerly classified to section 111 of
Title 29, was repealed and reenacted as section 3692 of this title
by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1,
1948.
Section 12 of that act, formerly classified to section 112 of
Title 29, was repealed by act June 25, 1948, and is covered by rule
42(b) of the Federal Rules of Criminal Procedure, set out in
Appendix to this title.
Section 164 of Title 45, included within the reference in subsec.
(c) to sections 151-188 of Title 45, was repealed by act Oct. 10,
1940, ch. 851, Sec. 4, 54 Stat. 1111. See section 5 of Title 41,
Public Contracts.
Section 186 of Title 45, included within the reference in subsec.
(c) to sections 151-188 of Title 45, was omitted from the Code.
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $10,000".
SHORT TITLE
This section is popularly known as the "Hobbs Act".
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