I 
109TH CONGRESS 
1ST SESSION 
H. R. 239 
To amend section 1951 of title 18, United States Code (commonly known 
as the Hobbs Act), and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. WILSON of South Carolina introduced the following bill; which was 
referred to the Committee on the Judiciary 
A BILL 
To amend section 1951 of title 18, United States Code 
(commonly known as the Hobbs Act), and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Freedom From Union 
Violence Act of 2005’’. 
SEC. 2. INTERFERENCE WITH COMMERCE BY THREATS OR 
VIOLENCE. 
Section 1951 of title 18, United States Code, is 
amended to read as follows:
‘‘§ 1951. Interference with commerce by threats or vi-
olence 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (c), whoever in any way or degree obstructs, 
delays, or affects commerce or the movement of any article 
or commodity in commerce, by robbery or extortion, or at-
tempts or conspires so to do, or commits or threatens 
physical violence to any person or property in furtherance 
of a plan or purpose to do anything in violation of this 
section, shall be fined not more than $100,000, imprisoned 
for a term of not more than 20 years, or both. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘commerce’ means any— 
‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the 
United States; 
‘‘(B) commerce between any point in a 
State, territory, possession, or the District of 
Columbia and any point outside thereof; 
‘‘(C) commerce between points within the 
same State through any place outside that 
State; and 
‘‘(D) other commerce over which the 
United States has jurisdiction;
‘‘(2) the term ‘extortion’ means the obtaining of 
property from any person, with the consent of that 
person, if that consent is induced— 
‘‘(A) by actual or threatened use of force 
or violence, or fear thereof; 
‘‘(B) by wrongful use of fear not involving 
force or violence; or 
‘‘(C) under color of official right; 
‘‘(3) the term ‘labor dispute’ has the same 
meaning as in section 2(9) of the National Labor 
Relations Act (29 U.S.C. 152(9)); and 
‘‘(4) the term ‘robbery’ means the unlawful tak-
ing or obtaining of personal property from the per-
son or in the presence of another, against his or her 
will, by means of actual or threatened force or vio-
lence, or fear of injury, immediate or future— 
‘‘(A) to his or her person or property, or 
property in his or her custody or possession; or 
‘‘(B) to the person or property of a relative 
or member of his or her family, or of anyone in 
his or her company at the time of the taking or 
obtaining. 
‘‘(c) EXEMPTED CONDUCT.— 
‘‘(1) IN
GENERAL.—Subsection (a) does not 
apply to any conduct that—
‘‘(A) is incidental to otherwise peaceful 
picketing during the course of a labor dispute; 
‘‘(B) consists solely of minor bodily injury, 
or minor damage to property, or threat or fear 
of such minor injury or damage; and 
‘‘(C) is not part of a pattern of violent con-
duct or of coordinated violent activity. 
‘‘(2) STATE
AND
LOCAL
JURISDICTION.—Any 
violation of this section that involves any conduct de-
scribed in paragraph (1) shall be subject to prosecu-
tion only by the appropriate State and local authori-
ties. 
‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to repeal, amend, or otherwise affect— 
‘‘(A) section 6 of the Clayton Act (15 
U.S.C. 17); 
‘‘(B) section 20 of the Clayton Act (29 
U.S.C. 52); 
‘‘(C) 
any 
provision 
of 
the 
Norris- 
LaGuardia Act (29 U.S.C. 101 et seq.); 
‘‘(D) any provision of the National Labor 
Relations Act (29 U.S.C. 151 et seq.); or 
‘‘(E) any provision of the Railway Labor 
Act (45 U.S.C. 151 et seq.); or
‘‘(2) to preclude Federal jurisdiction over any 
violation of this section, on the basis that the con-
duct at issue— 
‘‘(A) is also a violation of State or local 
law; or 
‘‘(B) occurred during the course of a labor 
dispute or in pursuit of a legitimate business or 
labor objective.’’. 
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