18 U.S.C. § 2113 – Federal Bank Robbery

What Is Federal Bank Robbery Under 18 U.S.C. § 2113?

18 U.S.C. § 2113 is the federal bank robbery statute. It criminalizes taking or attempting to take money or property from a bank, credit union, or savings and loan association by force, intimidation, or extortion.

The statute is broader than the traditional image of a masked robber demanding money from a teller.

It includes attempted robbery, ATM robberies, armored truck robberies, night depository thefts, and even entering a financial institution with intent to commit a felony or larceny.

Because most financial institutions are federally insured, bank robbery is prosecuted in federal court, where sentencing exposure is severe and often includes mandatory prison time.

Your best hope for a favorable outcome is with an experienced federal criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

Statutory Definition of Bank Robbery

Under 18 U.S.C. § 2113(a), federal bank robbery involves:

Taking or attempting to take
By force, violence, or intimidation
Money or property belonging to or in the custody of
A bank, credit union, or savings and loan association

The statute also covers entering or attempting to enter a financial institution with intent to commit any felony or larceny inside.

Even an attempt — without successful theft — can trigger federal charges.

What Qualifies as a “Bank” Under Federal Law?

A bank under 18 U.S.C. § 2113 includes:

Institutions that are members of the Federal Reserve System
Institutions insured by the Federal Deposit Insurance Corporation (FDIC)

A credit union includes:

Federal credit unions
State-chartered credit unions insured by the National Credit Union Administration (NCUA)

A savings and loan association is generally insured by the FDIC.

If the institution is not federally insured, federal jurisdiction may be challenged.

Bank Robbery Is Broader Than a Traditional Stick-Up

The statute applies to a wide range of conduct beyond a teller robbery.

Covered Scenarios Include

Robbery of an ATM
Robbery of a night depository
Robbery of a bank messenger
Robbery of an armored truck
Entering a bank with the intent to commit larceny
Receiving or possessing stolen bank property

For example, forcing someone at gunpoint to withdraw money from an ATM can qualify as federal bank robbery. However, if money was already withdrawn without force or intimidation, the conduct may fall outside § 2113 but still constitute other federal or state crimes.

Even individuals who assist — such as getaway drivers — can be charged and face the same penalties as those who entered the bank.

Lesser-Included Offenses

The statute includes lesser offenses, such as taking money or property from a bank without force or intimidation.

In cases where the government cannot prove intimidation or force, the defense may argue for conviction of a lesser offense carrying reduced penalties.

Related Federal Charges

Federal bank robbery charges often accompany additional federal counts, including:

18 U.S.C. § 371 – Conspiracy
18 U.S.C. § 924(c) – Use of a firearm during a crime of violence
18 U.S.C. § 113 – Assault with a deadly weapon
18 U.S.C. § 2113(c) – Receipt of stolen bank property
18 U.S.C. § 2315 – Receipt of stolen property

Firearm enhancements under § 924(c) can dramatically increase sentencing exposure through mandatory consecutive prison terms.

Federal Bank Robbery Penalties

Penalties depend on the facts and severity of the offense.

Basic Bank Robbery

Up to 20 years in federal prison and fines.

If No Force Is Used

$1,000 or less: Up to 1 year imprisonment
More than $1,000: Up to 10 years imprisonment

If an Assault or a Dangerous Weapon Is Used

Up to 25 years in federal prison.

If Kidnapping, Hostage Taking, or Death Occurs

Mandatory minimum 10 years
Up to life imprisonment
Possible federal death penalty in extreme cases

Federal sentencing guidelines also apply and consider:

Use of weapons
Amount of money taken
Physical injury
Criminal history
Acceptance of responsibility

Most convictions result in substantial prison sentences.

Elements Prosecutors Must Prove

To convict under 18 U.S.C. § 2113, prosecutors must prove beyond a reasonable doubt:

The defendant took or attempted to take money or property
The institution was federally insured
Force, violence, or intimidation was used (for robbery charges)
The defendant acted knowingly and intentionally

If any element is not proven, the charge may fail.

Common Defenses to Federal Bank Robbery

Being charged does not mean conviction is guaranteed.

Mistaken Identity

Bank robbery cases often rely on:

Surveillance footage
Eyewitness identification
DNA evidence
Fingerprints

Challenging identification procedures may create reasonable doubt.

Lack of Force or Intimidation

If the government cannot prove intimidation or use of force, the charge may be reduced to a lesser offense.

Lack of Federal Jurisdiction

If the institution was not federally insured, federal jurisdiction may not apply.

Insufficient Evidence

Illegally obtained evidence, unreliable witnesses, or procedural violations may lead to suppression or dismissal.

Duress or Coercion

If the defendant acted under threats of imminent harm, coercion may be raised as a defense.

Frequently Asked Questions

Is attempted bank robbery a federal crime?

Yes. Attempting to rob a federally insured bank is punishable under 18 U.S.C. § 2113.

Does intimidation require a weapon?

No. Intimidation can exist without a weapon if conduct would cause a reasonable person to fear harm.

Can an ATM robbery be charged federally?

Yes, if the ATM is connected to a federally insured financial institution.

Can a getaway driver be charged with bank robbery?

Yes. Aiding and abetting makes participants equally liable.

Is prison mandatory for federal bank robbery?

While not technically mandatory in every case, most federal bank robbery convictions result in prison time due to sentencing guidelines and enhancements.

Why Immediate Federal Representation Is Critical

Federal bank robbery investigations often involve:

FBI investigation
Surveillance analysis
Forensic evidence
Federal grand jury proceedings
Firearm enhancements

Federal prosecutors have extensive resources and typically pursue aggressive sentencing.

Early defense intervention may allow counsel to:

Challenge federal jurisdiction
Suppress evidence
Negotiate pre-indictment resolutions
Contest firearm enhancements
Argue for reduced charges

Federal cases move quickly and require experienced representation.

Charged Under 18 U.S.C. § 2113?

Federal bank robbery charges carry severe penalties, including decades in prison. If you are under investigation or have been charged, immediate action is essential.

A strong defense strategy focuses on:

Evidence review
Jurisdictional challenges
Sentencing exposure analysis
Negotiation strategy
Trial readiness

Contact experienced federal criminal defense counsel immediately to protect your rights and begin building your defense.

Eisner Gorin LLP is here to help. Schedule your consultation at (818) 781-1570 or contact us here. Our law firm is based in Los Angeles.

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