According to Section 2113 of Title 18 of the United States Code, you cannot take or attempt to take property, money, or items of value from federal banking institutions.
What Kind of Conduct is Prohibited?
- Under 18 USC 2113 Subsection (a) it is you cannot take or attempt to take money, property, or any item of value from a covered financial institution by using force. Moreover, this section also covers the entry to financial institution with the intention to commit the robbery. Thus, defendant can still face consequences if he enters the bank with intention to commit the bank robbery but doesn’t have the opportunity to further his actions.
- Under 18 USC 2113 Subsection (b) you cannot take property which belongs to a covered institution, and applies to situations when the defendant doesn’t use force to obtain property, money, or any item of value.
- 18 USC 2113 Subsection (c) covers crime participants who may not have taken the property, but who have participated in the crime by receiving, hiding, possessing, trading, selling, or disposing the money, property, or thing of value.
- Under 18 USC 2113 Subsections (d) you cannot assault or put another person’s life in jeopardy by using a dangerous device or weapon.
- Under USC 2113 Subsections (e) you cannot kill or kidnap another person during an attempt to avoid capture for the crime.
Elements of Federal Bank Robbery under 18 USC 2113
Prosecutor must establish the following elements to convict the defendant of Federal Bank Robbery under 18 USC 2113
- Defendant took or attempted to take property, money, or items of value from the person or presence of another belonging to or in the management, care, control, custody, or possession of a bank, credit union, or savings and loan association.
- At the time charged in the indictment the bank or credit union had its deposits insured by the Federal Deposit Insurance Corporation, National Credit Union Administration or Federal Savings & Loan Insurance Corporation
- Defendant acted to take such property, money, or other items of value by force and violence, or by intimidation.
USC 2113 gives a definition to the institutions that cover the statute
- Bank that is a member of the federal reserve association,
- Credit unions
- Savings and loan associations
- Trust companies
- Savings banks
- Branches of foreign banks
- Other banking associations, and institutions whose deposits are covered by the Federal Deposit Insurance Corporation
Penalties for Violating 18 USC 2113
- In case the defendant used force to obtain the property, money, or thing of value he can face up to 20 years in federal prison and a fine of up to $250,000.
- In case the defendant didn’t use force to obtain the property, money, or thing of value he can receive up to 10 years in federal prison for the theft of items valuing more than $1,000.
- In case the defendant didn’t use force and the value of the stolen items was less than $1,000 he can receive to up to one year in federal state.
- In case the defendant assaulted or put another person’s life in jeopardy, he will receive up to 25 years in federal prison.
- In case the defendant kidnapped, took hostage, or killed another person while attempting to flee or avoid being caught, he can face life in prison or the death penalty.
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