Table of Contents

18 U.S.C. § 2113 – Bank robbery

Bank robbery is no joke, folks. This federal statute lays out some pretty serious penalties for anyone who tries to take 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 ever get a crazy idea to pull a heist at your local branch.

The Basics

18 U.S.C. § 2113 is the federal statute that covers bank robbery and incidental crimes. It lays out the penalties for different types of bank robbery, from basic theft to armed robbery and murder. Here’s a quick rundown:

Up to 20 years in prison for basic bank robbery by force, violence, or intimidation
Up to 25 years for assault or jeopardizing someone’s life during a robbery
Up to life in prison if someone is kidnapped or killed during the robbery

As you can see, the penalties get pretty steep, pretty fast. Not worth it if you ask me!

What Counts as Bank Robbery?

Now you might be wondering – what exactly counts as bank robbery under this statute? Well, § 2113(a) covers a few different scenarios:

Using force, violence, or intimidation to take money or property from a bank, credit union, or savings and loan
Entering a bank with intent to commit a felony or larceny
Taking money or property worth more than $1,000 from a bank without force (think bank theft)

So even if you don’t use a weapon or demand cash, just entering a bank with intent to steal can count. And swiping more than $1,000 can get you charged too.

Attempted Bank Robbery

You don’t even have to succeed to get charged under § 2113! Attempted bank robbery carries the same penalties. So if you write a demand note but get cold feet, or get caught casing a bank with weapons, you could easily do time.

Armed Bank Robbery

Now things start getting really serious. If you assault someone, jeopardize a life, or use a dangerous weapon during a bank robbery, you can get slapped with armed bank robbery under § 2113(d). This adds up to 25 years to your sentence. Yikes!

And it doesn’t matter if your weapon was loaded or not. Even an unloaded gun, a fake bomb, or a BB gun can trigger the “armed” designation. Not worth it!

Kidnapping and Murder

If someone is kidnapped or killed during your bank robbery, you could face life in prison or even the death penalty under § 2113. I don’t think I need to explain why this is a terrible idea!

Defenses

Alright, say you get charged with bank robbery under § 2113. Are there any defenses that could help? There are a few options:

Duress: You can argue you only robbed the bank because someone threatened your life if you didn’t.
Insanity: You can claim mental incapacity made you unaware your actions were wrong.
Misidentification: You can say you weren’t the actual robber.
Entrapment: You can argue the crime was induced by government agents.

However, these defenses rarely succeed in federal bank robbery cases. You’re usually better off working for a plea deal if the evidence is stacked against you.

Recent Trends

Here’s some good news – bank robberies have been on the decline for the past few decades. Better security systems and tracking methods have made it much harder for robbers to get away with big scores. Many banks now have silent alarms, dye packs to mark stolen cash, and high-quality surveillance systems. FBI data shows over 5,000 bank robberies per year in the early 1990s, compared to under 2,000 per year today.

However, the COVID-19 pandemic did cause a slight uptick in bank robberies, as robbers took advantage of masks being commonplace. But financial institutions have already adapted with signs asking patrons to lower masks inside. So robbing banks keeps getting harder.

Key Takeaways

Let’s recap the key points about 18 U.S.C. § 2113 and bank robbery:

Steep penalties, up to 20 years for basic robbery, life in prison if someone is killed
Force, violence, intimidation not required – entering with intent or theft over $1,000 can count
Attempted robbery carries same penalties as completed robbery
Armed robbery adds up to 25 years, loaded gun not required
Very difficult to beat the charges, defenses rarely succeed
Bank robberies way down in recent decades due to improved security

The bottom line? Robbing banks is an extremely high-risk, low-reward crime these days. With all the security measures in place, and the serious penalties involved, it just isn’t worth it. Do yourself a favor and pursue legal ways to make money instead!

[1] 18 U.S. Code § 2113 – Bank robbery and incidental crimes – Law.Cornell.Edu

[2] 18 U.S.C. § 2113(a) – GovInfo

[3] Analyzing 18 USC § 2113(A) – eRepository @ Seton Hall

[4] Bank Robbery (18 U.S.C. § 2113) – Third Circuit

[5] Bank Robbery Defense Attorney – Federal Criminal Lawyer

[6] Analyses of Section 2113 – Casetext