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Bank RobberyGeneral Overview
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Title 18, section 2113 of the United States Code is the Federal
criminal bank robbery statute. Section 2113 outlines and defines prohibited
criminal conduct vis-a-vis federally protected financial institutions and
concomitant penalties.
Subsection (a) prohibits the taking or attempted taking by force,
intimidation, or extortion, of any property, money or any other thing of
value
belonging to, or in the care, custody, control, management or possession of
any
bank, credit union, or savings and loan association, which are defined in
§
2113(f), (g), and (h), respectively. Furthermore, anyone who enters or
attempts
to enter any building used in whole or in part as a bank, credit union, or
savings and loan association with the intent to commit any felony affecting
such
financial institution or any larceny is subject to a fine, twenty years
imprisonment or both.
Subsection (b) outlines the penalties for anyone who takes and
carries
away, with the intent to steal or purloin, any property or money or any
thing of
value in the care, custody, control, management, or possession of any bank,
credit union, or savings and loan. The maximum penalty for violation of
this
subsection is a fine and ten years imprisonment if the value of the property
exceeds $100. The maximum penalty is a fine and one year imprisonment if
the
property's value is $100 or less.
Subsection (c) makes it a crime to knowingly receive, possess,
conceal,
store, barter, sell or dispose of any property, money, or any thing of value
which has been taken or stolen from a bank, credit union, or savings and
loan
association. Violators of this subsection are subjected to the penalties
provided in subsection (b), supra, for the taker.
Subsection (d) states that anyone who assaults any person, or puts
in
jeopardy the life of any person by the use of a dangerous weapon or device
while
committing any offense described in subsections (a) or (b) is subject to a
fine
and up to twenty-five years imprisonment. Toy weapons and hoax bomb devices
fall
within the purview of this subsection.
Subsection (e) provides penalties for anyone who kills another
person
or forcibly abducts another during the commission of any offense previously
described in §2113, or while avoiding or attempting to avoid
apprehension for
the commission of, or attempting to free himself from arrest or confinement
for
such offense. The statutory minimum penalty for violation of subsection (e)
is
ten years. If death results during the criminal episode, the statute
provides
for the death penalty or life imprisonment. See USAM 9-10.000 et. seq. for
the
requirements relating to the death penalty.
Subsection (f) defines the term "bank." A bank includes any member
bank of the Federal Reserve System, and any other banking association, trust
company, savings bank operating under the laws of the United States,
including
a branch or agency of a foreign bank (as defined in paragraphs (1) and (3)
of
section 1(b) of the International Banking Act of 1978), and any institution
in
which the deposits are insured by the Federal Deposit Insurance Corporation
or
"FDIC".
The term "credit union" is defined in subsection (g). A "credit
union"
includes any Federal credit union and any State-chartered credit union the
accounts of which are insured by the National Credit Union Administration
Board,
and any "Federal Credit Union" as defined in section 2 of the Federal
Credit
Union Act.
Subsection (h) defines the term "savings and loan association." It
includes any Federal savings association or State savings association (as
defined
in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. §
1813(b))
having accounts insured by the FDIC and any corporation described in section
3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. §
1813(b)(1)(c))
that is operating under the laws of the United States.
[cited in USAM 9-61.600] | |