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The Hobbs Act, named after Congressman Sam Hobbs (D-AL) and codified at , is a U.S. federal law enacted in 1946 that provides: Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at . Although the Hobbs Act was enacted as a statute to combat racketeering in labor-management disputes, the statute is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions. The Hobbs Act criminalizes both robbery and extortion, where: : * "robbery" means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, and : * "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. ==Jurisdictional element== In interpreting the Hobbs Act, the Supreme Court has held that the statute employs the fullest extent of federal authority under the Commerce Clause. Thus, the lower federal courts have recognized that an actual effect on commerce is sufficient to satisfy the federal jurisdictional element even if it is slight or ''de minimis''. The government will often use the depletion of assets theory to prove the jurisdictional element. Under this theory, interstate commerce is affected when an enterprise, which either is actively engaged in interstate commerce or customarily purchases items in interstate commerce, has its assets depleted through extortion, thereby curtailing the victim's potential as a purchaser of such goods. While the courts have interpreted the jurisdictional element liberally, it is not a formality; courts have drawn a distinction under the depletion of assets theory between individuals and businesses. While depletion of a business' assets is usually sufficient to show an effect on interstate commerce, depletion of an individual's assets generally is not. Representatively, the Second Circuit reasoned in ''United States v. Perrotta'' (2002)〔''United States v. Perrotta'', 313 F.3d 33, 37 (2d Cir. 2002).〕 that making no distinction between individuals and businesses would bring under the ambit of the Hobbs Act every conceivable robbery or extortion. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Hobbs Act」の詳細全文を読む スポンサード リンク
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