Fill and Sign the Jury Instruction Interference with Commerce by Robbery Hobbs Act Racketeering Robbery Form

56.3 Interference With Commerce By Robbery Hobbs Act - Racketeering (Robbery) 18 USC § 1951(a) Title 18, United States Code, Sect ion 1951(a), makes it a Federal crime or offense for anyone to obtain or take the property of another by robbery and in so doing to interfere with interstate commerce. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt. First: That the Defendant knowingly obtained or took the personal property of another, or from the presence of another, as charged; Second: That the Defendant took the property against the victim' s will, by means of actual or threatened force or violence or fear of injury, whether immediately or in the future; and Third: That, as a result of t he Defendant' s actions, interstate commerce, or an item moving in interstate commerce, was delayed, obstructed or affected in any w ay or degree. The term " property" includes not only money and other tangible things of value, but also includes any intangible right considered as a source or element of income or wealth. The term " fear" means a state of anxious concern, alarm or apprehension of harm. While it is not necessary to prove that the Defendant specifically intended to interfere with interstate commerce, it is necessary that the Government prove that t he natural consequences of the acts alleged in the indictment would be to delay, interrupt or adversely affect " interstate commerce," which means the flow of commerce or business activities between two or more states. You are instructed that you may find that the requisite effect upon interstate commerce has been proved if you find beyond a reasonable doubt that [describe effect on commerce alleged in the indictment on which proof was offered at trial, e.g. that the banks described in the indictment were formed for the purpose of doing business both within and without the State of Florida, and actually did business outside the St ate of Florida]. ANNOTATIONS AND COMMENTS 18 USC § 19 51 (a) provides: Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery [shall be guilty of an offense against the United States]. Maximum Penalty: Twenty (20) years imprisonment and applicable fine. In United States v. Thomas, 8 F.3d 15 52, 1562-63 (11t h Cir. 19 93), the Eleventh Circuit suggested that the Government need not prove specific intent in order to secure a conviction for Hobbs Act robbery.