18 U.S.C. § 2113 – Bank robbery

18 U.S.C. § 2113 – Bank robbery

Bank robbery is no joke, folks. This federal statute lays down the law when it comes to taking money or property from a bank by force, violence, or intimidation. Let’s break it down so you know what you’re up against if you decide to go all Bonnie and Clyde on an FDIC-insured institution;

The Basics

18 U.S.C. § 2113 makes it a federal crime to rob any bank, credit union, or savings and loan association that’s insured by the Federal Deposit Insurance Corporation (FDIC) [1]. So if you hit up your local Chase or Wells Fargo branch, you’ve got the feds on your tail.

The law lays out a few different offenses, with penalties ranging from fines to up to 25 years in prison:

• Bank robbery by force, violence, or intimidation – up to 20 years
• “Bank theft” of over $1,000 without force – up to 10 years
• Using a dangerous weapon or device during a robbery – up to 25 years
• Kidnapping or killing someone during a robbery – up to life in prison

As you can see, the more dangerous your crime, the more time you’ll do. The law takes a pretty hard line here – even just an attempted robbery under § 2113 can land you in prison.

What Counts as Bank Robbery?

You’re probably familiar with the classic bank robber image – the bandit in a mask waving around a gun and demanding money from the teller. But § 2113 covers more than just that stereotype.

Any time you take money or property from a bank using force, violence, or intimidation, you’ve committed federal bank robbery. It doesn’t matter if you use a weapon or just verbally threaten the teller – it’s still considered robbery under § 2113(a) [2].

And you can actually commit bank robbery without using any force at all. If you steal more than $1,000 from a bank’s vault or safe, you could be charged with bank theft under § 2113(b) [5]. No need for a mask or demands – just walk in and take the cash.

Weapons and Violence

As you can imagine, the penalties get even steeper if you use weapons or violence during a bank robbery.

Under § 2113(d), if you assault someone or jeopardize a life using a dangerous weapon or device, you’re looking at up to 25 years in prison. And it doesn’t matter if the weapon is real or not – even a toy gun or fake bomb can trigger the enhanced penalty [5].

In an extreme case where someone is kidnapped or killed during a robbery under § 2113, the defendant could face life behind bars or even the death penalty [3].

Attempted Bank Robbery

You don’t actually have to succeed in robbing a bank to be charged under § 2113. Just attempting a robbery by force, violence, or intimidation is enough to land you in prison for up to 20 years under § 2113(a) [4].

The key is you have to take a “substantial step” towards committing the crime. That could include:

• Entering the bank with a demand note
• Showing a bank teller a weapon or hoax device
• Verbally threatening violence if money isn’t handed over

As long as your actions demonstrate your intent to carry out a robbery, you don’t have to succeed to be charged with attempted bank robbery under § 2113(a).

Defenses

So you got caught robbing a bank and now you’re facing 20+ years behind bars. What can you do? There are a few defenses that may help:

• Duress – You can argue you only robbed the bank because someone threatened you or a loved one if you didn’t. This is tough to prove, but may show you lacked criminal intent.
• Insanity – If you can show you suffered from severe mental disease or defect at the time, you may be able to avoid conviction.
• Intoxication – Voluntary intoxication typically isn’t a defense, but if you can show your judgment was severely impaired, it may negate criminal intent.
• Misidentification – If you can prove you weren’t the person who committed the robbery, you may beat the charges.

These defenses are pretty hard to establish, so your best bet is probably working out a plea deal. Admit guilt in exchange for a lighter sentence. Not ideal, but better than decades behind bars!

Takeaways

The bottom line is don’t mess with the banks, people. Stealing from an FDIC-insured institution is a federal crime that can land you in prison for decades. Some key takeaways on 18 U.S.C. § 2113:

• Covers any robbery of a federally insured bank by force, violence, or intimidation
• Penalties up to 20 years for basic bank robbery
• Stealing over $1,000 without force can also be charged
• Using weapons or violence during robbery enhances penalties
• Attempted robbery is enough – you don’t have to succeed
• Limited defenses available like duress, insanity, etc.

So maybe stick to the piggy bank for your future heist plans. Leave the FDIC pros alone!