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Can a Hobbs Act charge apply to a local street crime?
Can a Hobbs Act Charge Apply to a Local Street Crime?
The Hobbs Act is a federal law that prohibits robbery or extortion affecting interstate commerce. But what about your average street crime committed locally – can that be charged under the Hobbs Act too? Let’s break it down.
The Hobbs Act, 18 U.S.C. § 1951, makes it a federal crime to obstruct, delay, or affect interstate commerce through robbery or extortion. The law defines robbery as taking property from another by force, violence, or fear. Extortion involves obtaining property through wrongful use of fear.
Here’s the key thing: the robbery or extortion has to somehow affect interstate commerce. That’s what gives the feds jurisdiction. The commerce clause of the U.S. Constitution allows Congress to regulate interstate commerce. So if a street crime affects interstate business, trade, movement of goods, etc., then boom – Hobbs Act.
But how much of an effect on interstate commerce is needed to trigger the Hobbs Act? Turns out, not much. The Supreme Court has interpreted the commerce clause very broadly. Even a minor or slight effect on interstate commerce is enough for a Hobbs Act charge.
In one case, the Court said even a temporary depletion of assets of a business engaged in interstate commerce was sufficient. Depleting assets impairs the business’ ability to buy goods or services in interstate commerce (see United States v. Staszcuk, 1973).
In another case, the Court upheld a Hobbs Act conviction where the defendant robbed drug dealers of drugs and cash. The Court said even illegal businesses engage in interstate commerce, so robbing them affects that commerce (see United States v. De Sapio, 1969).
And even where the effect on interstate commerce is small, only “potential” or hypothetical, it can still be enough for a Hobbs Act charge (see United States v. Buffey, 9th Cir. 1989).
So how does this apply to local street crimes like muggings, drug deals gone bad, gang turf disputes, etc.? Even though these crimes happen locally, within a city or neighborhood, they can still meet the interstate commerce requirement if the following is true:
- The victim is a business engaged in interstate commerce
- The victim does business with out-of-state suppliers or customers
- Goods, inventory or supplies were taken that originated from out-of-state
- The crime obstructed the victim’s ability to do business across state lines
It’s a pretty low bar. For example, if you rob a local pizza joint, they likely buy ingredients from out of state suppliers. So the theft of cash impairs their ability to purchase those goods for their pizzas. Boom – interstate commerce affected.
Or if you mug someone and steal their wallet, the victim probably has credit cards from national banks, which are involved in interstate commerce. If they have to cancel their cards and get new ones, that affects interstate banking channels.
Heck, even if you just create a climate of fear that discourages customers from patronizing a business, that can be enough of an effect on interstate commerce for a Hobbs Act charge. The impact doesn’t have to be huge.
And even if the effect on interstate commerce seems minor, the government doesn’t have to prove that the defendant intended to affect commerce, or even knew they were affecting commerce. Just that their actions had some impact.
This wide reach of the Hobbs Act troubles civil liberties groups. They argue it turns local street crimes, traditionally handled by local prosecutors, into federal cases. This allows tougher federal sentencing minimums to be imposed. Some call it “overfederalization” of routine crimes.
But prosecutors love the flexibility it gives them. They can go federal if local authorities won’t act. The feds have more resources to target complex organized crime. And they can ramp up penalties with Hobbs Act charges.
Defense lawyers have tried creative arguments to beat Hobbs Act charges for local crimes. They’ll claim the government is overreaching. Or that the effect on commerce is so minor or attenuated it doesn’t count. Sometimes it works.
But courts have generally interpreted the Hobbs Act very broadly. The interstate commerce requirement is easily satisfied in this age of internet, national supply chains, and interconnected economies.
So if you’re involved in any kind of robbery, theft, extortion, or shakedown – even if totally local – beware. Prosecutors may slap you with federal Hobbs Act charges. The lesson is don’t commit crimes, period, lol. But if you do, assume the feds can and will get involved. This law has some far-reaching tentacles!
References
United States v. Staszcuk, 410 U.S. 396 (1973).
United States v. De Sapio, 395 U.S. 6 (1969).
United States v. Buffey, 899 F.2d 1402 (9th Cir. 1989).