§ 2113. — Bank robbery and incidental crimes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2113]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 103--ROBBERY AND BURGLARY
Sec. 2113. Bank robbery and incidental crimes
(a) Whoever, by force and violence, or by intimidation, takes, or
attempts to take, from the person or presence of another, or obtains or
attempts to obtain by extortion any property or money or any other thing
of value belonging to, or in the care, custody, control, management, or
possession of, any bank, credit union, or any savings and loan
association; or
Whoever enters or attempts to enter any bank, credit union, or any
savings and loan association, or any building used in whole or in part
as a bank, credit union, or as a savings and loan association, with
intent to commit in such bank, credit union, or in such savings and loan
association, or building, or part thereof, so used, any felony affecting
such bank, credit union, or such savings and loan association and in
violation of any statute of the United States, or any larceny--
Shall be fined under this title or imprisoned not more than twenty
years, or both.
(b) Whoever takes and carries away, with intent to steal or purloin,
any property or money or any other thing of value exceeding $1,000
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined under this title or imprisoned not more than
ten years, or both; or
Whoever takes and carries away, with intent to steal or purloin, any
property or money or any other thing of value not exceeding $1,000
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be fined under this title or imprisoned not more than
one year, or both.
(c) Whoever receives, possesses, conceals, stores, barters, sells,
or disposes of, any property or money or other thing of value which has
been taken or stolen from a bank, credit union, or savings and loan
association in violation of subsection (b), knowing the same to be
property which has been stolen shall be subject to the punishment
provided in subsection (b) for the taker.
(d) Whoever, in committing, or in attempting to commit, any offense
defined in subsections (a) and (b) of this section, assaults any person,
or puts in jeopardy the life of any person by the use of a dangerous
weapon or device, shall be fined under this title or imprisoned not more
than twenty-five years, or both.
(e) Whoever, in committing any offense defined in this section, or
in avoiding or attempting to avoid apprehension for the commission of
such offense, or in freeing himself or attempting to free himself from
arrest or confinement for such offense, kills any person, or forces any
person to accompany him without the consent of such person, shall be
imprisoned not less than ten years, or if death results shall be
punished by death or life imprisonment.
(f) As used in this section the term ``bank'' means any member bank
of the Federal Reserve System, and any bank, banking association, trust
company, savings bank, or other banking institution organized or
operating under the laws of the United States, including a branch or
agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978), and
any institution the deposits of which are insured by the Federal Deposit
Insurance Corporation.
(g) As used in this section the term ``credit union'' means 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. The term ``State-chartered credit union'' includes a
credit union chartered under the laws of a State of the United States,
the District of Columbia, or any commonwealth, territory, or possession
of the United States.
(h) As used in this section, the term ``savings and loan
association'' means--
(1) a 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 Federal Deposit
Insurance Corporation; and
(2) a 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.
(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64 Stat.
394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86-354, Sec. 2, Sept.
22, 1959, 73 Stat. 639; Pub. L. 91-468, Sec. 8, Oct. 19, 1970, 84 Stat.
1017; Pub. L. 98-473, title II, Sec. 1106, Oct. 12, 1984, 98 Stat. 2145;
Pub. L. 99-646, Sec. 68, Nov. 10, 1986, 100 Stat. 3616; Pub. L. 101-73,
title IX, Sec. 962(a)(7), (d), Aug. 9, 1989, 103 Stat. 502, 503; Pub. L.
101-647, title XXV, Sec. 2597(l), Nov. 29, 1990, 104 Stat. 4911; Pub. L.
103-322, title VI, Sec. 60003(a)(9), title XXXII, Sec. 320608, title
XXXIII, Sec. 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120,
2147; Pub. L. 104-294, title VI, Secs. 606(a), 607(d), Oct. 11, 1996,
110 Stat. 3511; Pub. L. 107-273, div. B, title IV,
Sec. 4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)
Historical and Revision Notes
Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940 ed.,
Banks and Banking (May 18, 1934, ch. 304, Secs. 1, 2, 3, 48 Stat. 783;
Aug. 23, 1935, ch. 614, Sec. 333, 49 Stat. 720; Aug. 24, 1937, ch. 747,
50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).
Section consolidates sections 588a, 588b, and 588c of title 12,
U.S.C., 1940 ed., Banks and Banking, as suggested by United States
Attorney Clyde O. Eastus, of Fort Worth, Tex.
Words ``felony or larceny'' in subsection (a) were changed to
``felony affecting such bank and in violation of any statute of the
United States, or any larceny''.
Use of term ``felony'' without limitation caused confusion as to
whether a common law, State, or Federal felony was intended. Change
conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87 L.
Ed. 640): ``Sec. 2(a) [Sec. 588b(a) of title 12, U.S.C., 1940 ed., Banks
and Banking] is not deprived of vitality if it is interpreted to exclude
State felonies and to include only those Federal felonies which affect
banks protected by the Act.''
Minimum punishment provisions were omitted from subsection (c). (See
reviser's note under section 203 of this title.) Also the provisions of
subsection (b) measuring the punishment by the amount involved were
extended and made applicable to the receiver as well as the thief. There
seems no good reason why the thief of less than $100 should be liable to
a maximum of imprisonment for one year and the receiver subject to 10
years.
The figures ``100'' were substituted for ``50'' in view of the fact
that the present worth of $100 is less than the value of $50 when that
sum was fixed as the dividing line between petit larceny and grand
larceny.
The attention of Congress is directed to the mandatory minimum
punishment provisions of sections 2113(e) and 2114 of this title. These
were left unchanged because of the controversial question involved. Such
legislative attempts to control the discretion of the sentencing judge
are contrary to the opinions of experienced criminologists and criminal
law experts. They are calculated to work manifest injustice in many
cases.
Necessary minor translations of section references, and changes in
phraseology, were made.
References in Text
Section 1(b) of the International Banking Act of 1978, referred to
in subsec. (f), is classified to section 3101 of Title 12, Banks and
Banking.
Section 2 of the Federal Credit Union Act, referred to in subsec.
(g), is classified to section 1752 of Title 12.
Amendments
2002--Subsec. (b). Pub. L. 107-273 substituted ``under this title''
for ``not more than $1,000'' in last par.
1996--Subsec. (b). Pub. L. 104-294, Sec. 606(a), substituted
``exceeding $1,000'' for ``exceeding $100'' in two places.
Subsec. (g). Pub. L. 104-294, Sec. 607(d), inserted at end ``The
term `State-chartered credit union' includes a credit union chartered
under the laws of a State of the United States, the District of
Columbia, or any commonwealth, territory, or possession of the United
States.''
1994--Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K),
substituted ``fined under this title'' for ``fined not more than
$5,000'' in last par. of subsec. (a) and first par. of subsec. (b).
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), substituted ``fined
under this title'' for ``fined not more than $10,000''.
Subsec. (e). Pub. L. 103-322, Sec. 60003(a)(9), substituted ``or if
death results shall be punished by death or life imprisonment'' for ``or
punished by death if the verdict of the jury shall so direct''.
Subsec. (h). Pub. L. 103-322, Sec. 320608, added subsec. (h).
1990--Subsec. (f). Pub. L. 101-647 inserted ``including a branch or
agency of a foreign bank (as such terms are defined in paragraphs (1)
and (3) of section 1(b) of the International Banking Act of 1978),''
after ``operating under the laws of the United States,''.
1989--Subsec. (f). Pub. L. 101-73, Sec. 962(d)(1), substituted ``any
institution the deposits of which'' for ``any bank the deposits of
which''.
Subsecs. (g), (h). Pub. L. 101-73, Sec. 962(a)(7), (d)(2), (3),
redesignated subsec. (h) as (g), substituted ``National Credit Union
Administration Board, and any `Federal credit union' as defined in
section 2 of the Federal Credit Union Act'' for ``Administrator of the
National Credit Union Administration'', and struck out former subsec.
(g) which read as follows: ``As used in this section the term `savings
and loan association' means any Federal savings and loan association and
any `insured institution' as defined in section 401 of the National
Housing Act, as amended, and any `Federal credit union' as defined in
section 2 of the Federal Credit Union Act.''
1986--Subsec. (a). Pub. L. 99-646 inserted ``, or obtains or
attempts to obtain by extortion'' after ``presence of another'' in first
par.
1984--Subsec. (c). Pub. L. 98-473 amended subsec. (c) generally,
substituting ``which has been taken or stolen from a bank, credit union,
or savings and loan association in violation of subsection (b), knowing
the same to be property which has been stolen'' for ``knowing the same
to have been taken from a bank, credit union, or a savings and loan
association, in violation of subsection (b) of this section''.
1970--Subsecs. (a) to (c). Pub. L. 91-468, Sec. 8(1), inserted
reference to ``credit union'' after ``bank,'' each place it appears.
Subsec. (h). Pub. L. 91-468, Sec. 8(2), added subsec. (h).
1959--Subsec. (g). Pub. L. 86-354 included Federal credit unions in
definition of ``savings and loan association''.
1952--Subsec. (g). Act Apr. 8, 1952, broadened definition of
``savings and loan association'' by including any insured institution as
defined in section 401 of the National Housing Act, as amended.
1950--Act Aug. 3, 1950, brought within section State-chartered
savings and loan associations whose accounts are insured by the Federal
Savings and Loan Insurance Corporation.
Section Referred to in Other Sections
This section is referred to in sections 1956, 3559, 5032 of this
title; title 42 section 14135a.
