All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
57 Prosecutions
in August 2014
987 Prosecutions
in Fiscal Year 2014
89 Convictions
in August 2014
922 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 2113                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 103 - ROBBERY AND BURGLARY

HEAD

    Sec. 2113. Bank robbery and incidental crimes

STATUTE

      (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.

SOURCE

    (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.
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