While all states have laws governing theft and robbery, bank robbery is typically charged as a federal crime because banks, credit unions, and similar financial institutions fall under federal jurisdiction.

It's a federal crime to forcibly, via intimidation or extortion, steal money or property from banks or credit unions.

Title 18 U.S.C. § 2113 is the federal statute that governs bank robbery and similar offenses.

It makes it a federal crime to steal money or property from banks, credit unions, or savings & loans through force, threats, or extortion, or to enter with the intent to commit theft.

Penalties differ greatly, ranging from up to 20 years for simple robbery to much stricter sentences for armed robbery (involving weapons or assault) or cases involving death or abduction.

The statute also includes lesser offenses such as receiving stolen bank funds.

Simply put, Section 2113, bank robbery, is usually a federal felony offense. If you are convicted of bank robbery under this statute, you could be facing a long prison sentence.

What Does Section 2113 Say? 

Federal law defines bank robbery more broadly than many people realize. Under 18 U.S.C. § 2113, the offense is not limited to a classic heist. The statute covers several distinct actions involving the taking of property from a financial institution.

The law applies to banks, credit unions, and savings and loan associations that are federally insured or part of the Federal Reserve System. This includes most financial institutions in the United States.

Under U.S.C. 2113, any of the following behaviors constitutes a federal crime:

• Taking or attempting to take property or money from the institution by force, violence, or intimidation.
• Entering or attempting to enter the institution with the intent to commit a felony or any form of larceny (theft).
• Taking away money or property from a bank or other federally backed institution with the intent to steal (e.g., attempting to remove money from the bank, whether or not the act is successful).
• Receiving, concealing, selling, or otherwise disposing of money or property known to have been taken from a federal financial institution (this effectively covers individuals who receive and/or hide stolen money from a bank, even if they didn't actively partake in the robbery).

Bear in mind that under this statute, even entering a bank with the intent to steal, without actually taking anything, can lead to federal charges.

Likewise, if you receive, possess, or handle money you know was part of a bank robbery, you can be charged in the same manner as if you had stolen the money yourself.

What Must Be Proven for a Bank Robbery Conviction?

For the government to secure a conviction for federal bank robbery, the prosecution must prove several specific elements beyond a reasonable doubt. The exact elements depend on the specific subsection of the statute under which a person is charged.

For a charge of robbery under § 2113(a), the prosecution typically must establish the following:

• The Taking of Property: The government must show that property, money, or another item of value was taken from the care, custody, or control of a federally insured financial institution. An attempt to take property is also sufficient.
• Use of Force, Violence, or Intimidation (i.e., Robbery): The act must have been accomplished through force, violence, or by intimidating another person. Intimidation can include actions or words that would cause an ordinary person to fear bodily harm. A simple note demanding money is often sufficient to meet this element, or
• Carrying Away/Purloining Funds (i.e, Larceny): If the act did not involve using force or intimidation, it must have involved an attempt to remove funds from the bank secretively (for example, breaking into a bank after hours and raiding the vault); and
• Intent: The prosecution must prove that the defendant acted with the specific intent to steal the property.

For charges related to entering a bank to commit a crime, the focus is on the intent at the time of entry. For larceny charges under § 2113(b), the key element is the intent to steal, even without the use of force.

Penalties and Aggravating Factors

The penalties for violating 18 U.S.C. § 2113 vary significantly based on the specifics of the offense.

• Bank Robbery (§ 2113(a)): Taking property by force, violence, or intimidation is punishable by fines and imprisonment for up to 20 years.
• Bank Larceny (§ 2113(b)): Taking and carrying away property with the intent to steal is treated differently based on the value. If the value exceeds $1,000, the penalty is a fine and up to 10 years in prison. If the value is $1,000 or less, it is considered a misdemeanor punishable by a fine and up to one year in prison.
• Possession of Stolen Property (§ 2113(c)): Knowingly receiving, possessing, or disposing of property stolen from a bank carries the same penalties as the person who committed the initial theft.

The statute also includes severe penalties for aggravating circumstances:

• Assault or Use of a Dangerous Weapon (§ 2113(d)): If an assault occurs or a person's life is put in jeopardy with a dangerous weapon during the offense, the maximum prison sentence increases to 25 years.
• Killing or Kidnapping (§ 2113(e)): If anyone is killed or forced to accompany the defendant (kidnapped) during the commission of the crime or while attempting to escape, the defendant faces a minimum of 10 years in prison. If a death results, the punishment can be life imprisonment or even the death penalty.

What are the Related Federal Laws?

18 U.S. Code Chapter 103 Part I, robbery and burglary, has several related bank robbery laws, including the following:

• 18 U.S.C. 2111. Special maritime and territorial jurisdiction
• 18 U.S.C. 2112. Personal property of the United States
• 18 U.S.C. 2113. Bank robbery and incidental crimes
• 18 U.S.C. 2114. Mail, money, or other property of the United States
• 18 U.S.C. 2115. Post office
• 18 U.S.C. 2116. Railway or steamboat post office
• 18 U.S.C. 2117. Breaking or entering carrier facilities
• 18 U.S.C. 2118. Robberies and burglaries involving controlled substances
• 18 U.S.C. 2119. Motor vehicles

Common Defenses to Bank Robbery Charges

Facing a federal bank robbery charge does not automatically mean a conviction is certain. A skilled federal criminal defense attorney can employ a number of defense strategies based on the facts of your case. Some of the most common:

• Lack of Intent: You did not act with the intent to rob or steal.
• Lack of Knowledge: You were unaware that the money you were carrying was stolen (for example, perhaps someone shoved bank cash into your bag unawares, or you were storing money for someone without knowing it was stolen.
• Mistaken Identity: Eyewitness testimony can be unreliable. If you were misidentified as the perpetrator, an alibi or other evidence proving you were elsewhere at the time of the crime can be used to challenge the government's case.
• Duress or Coercion: This defense argues that you were forced to commit the crime under the threat of immediate harm to yourself or a loved one.

For additional information or a case review, contact our criminal defense law firm at Eisner Gorin LLP.

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