This bill broadens the scope of conduct that constitutes extortion under the federal criminal statute commonly known as the Hobbs Act. The Hobbs Act prohibits robbery or extortion affecting interstate commerce.
Currently, an extortion offense includes obtaining property of another through the wrongful use of force, violence, or fear. Typically, Hobbs Act violations are investigated by the Federal Bureau of Investigation and prosecuted by the U.S. Attorney's Office.
In 1973, in United States v. Enmons, the U.S. Supreme Court held that the use of violence by union members during a strike did not constitute extortion under the Hobbs Act because its purpose —to achieve legitimate union objectives—was not wrongful.
This bill eliminates the requirement that the use of force, violence, or fear of force or violence to obtain property must be wrongful. The bill specifies that the use of fear not involving force or violence must still be wrongful.
Finally, the bill exempts from the Hobbs Act prohibition conduct that (1) is incidental to peaceful picketing during a labor dispute, (2) consists solely of minor bodily injury or property damage, and (3) is not part of a pattern of violent conduct or of coordinated violent activity. A violation involving exempted conduct is subject to prosecution by state and local authorities.
