Fill and Sign the 1349 Bank Robbery General Overviewjmdepartment of Form

62.1 Bank Robbery (Subsection (a) Only) 18 USC § 2113(a) Title 18, United States Code, Sect ion 2113(a), makes it a Federal crime or offense for anyone to take [or to attempt to take] from the person or presence of someone else [by force and violence] [by intimidation] any property or money in the possession of a federally [insured bank] [insured credit union] [insured savings and loan association]. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly took from the person or the presence of the person described in the indictment, money or property then in the possession of a federally insured [bank] [credit union] [savings and loan association] as charged; and Second: That the Defendant did so [by means of force or violence] [by means of intimidation]. [A " federally insured bank" means any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.] [A "federally insured credit union" means any Federal credit union and any State-chartered credit union the accounts of which are insured by the Nat ional Credit Union Administration Board.] [A " federally insured savings and loan association" means any savings and loan association the deposits of which are insured by the Federal Savings and Loan Insurance Corporation.] [To take " by means of intimidation" is to say or do something in such a way that a person of ordinary sensibilities would be fearful of bodily harm; it is not necessary to prove that the alleged victim was actually frightened, and neither is it necessary to show that the behavior of the Defendant was so violent that it was likely to cause terror, panic or hysteria. The essence of the offense is the taking of money or property aided and accompanied by intentionally intimidating behavior on the part of the Defendant. ] ANNOTATIONS AND COMMENTS 18 USC § 21 13 (a) provides: Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another . . . any property or money . . . belonging to . . . or in the possession of, any bank, credit union, or any savings and loan association [shall be guilt y of an offense against the United States]. Maximum Penalty: Twenty (20) years imprisonment and applicable fine. The statute creates various modes of commit ting the offense (force and violence or intimidation) (assault or use of a dangerous weapon) and care must be taken in adapting the instruction to the allegations of the indictment. See United States v. Bizzard, 6 15 F.2d 1 08 0 (5 t h Cir. 1 98 0).