11th Cir. Pattern Jury Instr. (Criminal) O70.3

Hobbs Act – Racketeering

(Robbery)

18 U.S.C. § 1951(a)

It’s a Federal crime to acquire someone else’s property by robbery and in

doing so to obstruct, delay, or affect interstate commerce.

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt.

(1) the Defendant knowingly acquired someone else’s personal

property;

(2) the Defendant took the property against the victim's will, by using

actual or threatened force, or violence, or causing the victim to

fear harm, either immediately or in the future; and

(3) the Defendant's actions obstructed, delayed, or affected interstate

commerce.

“Property” includes money, tangible things of value, and intangible rights

that are a source or element of income or wealth.

“Fear” means a state of anxious concern, alarm, or anticipation of harm. It

includes the fear of financial loss as well as fear of physical violence.

“Interstate commerce” is the flow of business activities between one state

and anywhere outside that state.

The Government doesn’t have to prove that the Defendant specifically

intended to affect interstate commerce. But it must prove that the natural

consequences of the acts described in the indictment would be to somehow delay,

interrupt, or affect interstate commerce. If you decide that there would be any

effect at all on interstate commerce, then that is enough to satisfy this element. The

effect can be minimal.