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What is Federal Bank Robbery? (18 USC 2113)


What is Federal Bank Robbery? (18 USC § 2113) 

Bank robbery is defined under federal law in 18 USC section 2113. This federal criminal statute defines bank robbery as:

1. Taking by force and violence or by intimidation, or by extortion, any property or money or other things. 

2. Taking the items when they are in the care, custody, control, management, or possession of certain specified institutions.

3. The institutions covered by the bank robbery statute are banks, credit unions and savings and loan associations.  

Federal Jurisdiction arises when the Federal Deposit Insurance Corporation or the National Credit Union Administration Board insures the deposits.

The base crime of bank robbery is made far more serious if a gun is used. 18 USC § 2113(d) charges this.  The same section applies if a weapon other than a gun is used. While a gun is obviously a “dangerous weapon” there can be disagreement as to whether other objects are “dangerous weapons” See Simpson v. United States, 435 U.S. 6, 13 n.6 (1978), superseded by statute on other grounds as stated in United States v. Beierle, 77 F.3d 1199, 1201 n.1 (9th Cir. 1996)

In United States v. Taylor, 960 F.2d 115, 116-17 (9th Cir. 1992), and United States v. Boyd, 924 F.2d 945, 947 (9th Cir. 1991), the Ninth Circuit Court of Appeals rule that devices can be dangerous if use of the device increased victim apprehension and therefore increased the likelihood of police or bystanders responding with deadly force.  

The defense of federal criminal charges requires an experienced federal defense lawyer. Contact Daniel Horowitz if you are charged with a federal crime.