18 U.S.C. § 2113 — Bank robbery and incidental crimes

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 726 words · no verdicts yet

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This law makes robbery, burglary, and theft from banks, credit unions, and savings and loan associations federal crimes. Punishments rise with the crime, from a year for small theft to twenty-five years for armed assault. Killing someone during the crime can bring life imprisonment or the death penalty.

(a) It is a crime to take, or try to take, property or money from a bank, credit union, or savings and loan. This must be done by force, violence, or intimidation. It is also a crime to get, or try to get, such property through extortion. Entering or trying to enter such an institution while intending to commit a felony or larceny inside is also a crime. Both are punished by a fine, up to twenty years in prison, or both. (b) Taking and carrying away property or money worth more than $1,000 from such an institution, with intent to steal it, is a crime. It is punished by a fine, up to ten years in prison, or both. The same act with property worth $1,000 or less is punished by a fine, up to one year in prison, or both. (c) Knowingly receiving, possessing, hiding, storing, trading, selling, or disposing of property stolen under subsection (b) is punished the same as the theft itself. (d) Assaulting someone, or endangering a life with a dangerous weapon, while committing or attempting these offenses is a separate crime. It is punished by a fine, up to twenty-five years in prison, or both. (e) Killing someone, or forcing someone to go along without consent, while committing or avoiding capture for these offenses, is a crime. It is punished by at least ten years in prison. If death results, the punishment can be death or life imprisonment. (f) "Bank" means a Federal Reserve member bank, or other federally or state-organized banking institutions, including foreign bank branches or agencies. It also means any institution with FDIC-insured deposits. (g) "Credit union" means a federal credit union, or a state-chartered credit union insured by the National Credit Union Administration Board. This includes credit unions chartered anywhere in the United States or its territories. (h) "Savings and loan association" means a federal or state savings association with FDIC-insured accounts. It also means a related corporation described in the Federal Deposit Insurance Act.

facts

- Codified at 18 U.S.C. § 2113, titled "Bank robbery and incidental crimes," within Title 18 of the U.S. Code. - Originally enacted June 25, 1948 (ch. 645, 62 Stat. 796), as part of the general revision of Title 18. - The statute contains 726 words across subsections (a) through (h). - It has been amended nine times, with source credits reflecting revisions from 1950 through 2002. - The source-credit line lists 12 distinct public laws/session laws amending the section over its history.

the actual law source: uscode.house.gov ↗public domain

(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 credit: (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, § 2, Sept. 22, 1959, 73 Stat. 639; Pub. L. 91–468, § 8, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 98–473, title II, § 1106, Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–646, § 68, Nov. 10, 1986, 100 Stat. 3616; Pub. L. 101–73, title IX, § 962(a)(7), (d), Aug. 9, 1989, 103 Stat. 502, 503; Pub. L. 101–647, title XXV, § 2597(l), Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103–322, title VI, § 60003(a)(9), title XXXII, § 320608, title XXXIII, § 330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120, 2147; Pub. L. 104–294, title VI, §§ 606(a), 607(d), Oct. 11, 1996, 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)

history & why it existsrecord from the source credit

1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 796
1950Amended · Act of Aug. 3, 1950, ch. 516 · 64 Stat. 394
1952Amended · Act of Apr. 8, 1952, ch. 164 · 66 Stat. 46
1959Amended · Pub. L. 86-354 · 73 Stat. 639
1970Amended · Pub. L. 91-468 · 84 Stat. 1017
1984Amended · Pub. L. 98-473 · 98 Stat. 2145
1986Amended · Pub. L. 99-646 · 100 Stat. 3616
1989Amended · Pub. L. 101-73 · 103 Stat. 502, 503
1990Amended · Pub. L. 101-647 · 104 Stat. 4911
1994Amended · Pub. L. 103-322 · 108 Stat. 1969, 2120, 2147
1996Amended · Pub. L. 104-294 · 110 Stat. 3511
2002Amended · Pub. L. 107-273 · 116 Stat. 1809

The record shows that this section was originally enacted on June 25, 1948, as part of chapter 645 (62 Stat. 796), the act that established Title 18 of the United States Code in its modern codified form. The source credit indicates the section has since been amended at least nine times, beginning with technical or substantive revisions in 1950, 1952, and 1959, and continuing through further changes made by Public Laws in 1970, 1984, 1986, 1989, 1990, 1994, 1996, and 2002. This pattern reflects a long history of periodic congressional revision rather than a single, static enactment. Historical context for the section's original purpose is limited by what the record itself establishes. The 1948 act is generally understood to have been part of the broad recodification of federal criminal law that consolidated and reorganized existing statutes into Title 18; such recodifications are commonly described as efforts to clarify and systematize federal criminal offenses rather than to create new policy from scratch. Bank robbery had been a subject of federal concern since the 1930s, when kidnappings and robberies by mobile criminal gangs prompted federal jurisdiction over crimes against federally insured financial institutions. However, the record does not specify the particular reasons Congress included this provision in the 1948 act, nor does it document the specific purposes behind each subsequent amendment. Any more detailed account of legislative intent for particular subsections or amendments would go beyond what the source credit and statutory text support.

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