Fill and Sign the Jury Instruction Robbery Form

62.4 Bank Robbery (Subsection (e) Only – - Alleged In Separate Count) 18 USC § 2113(e) Title 18, United States Code, Section 2113(e), makes it a separate Federal crime or offense for anyone who, [while committing the offense described in Count of the indictment] [in avoiding or attempting to avoid apprehension for the commission of the offense described in Count of the indictment] forces any person to accompany [him/her] without the consent of such person. Count alleges that [in committing] [in avoiding or attempting to avoid apprehension for] the bank robbery offense charged in Count, the Defendant forced a person to accompany the Defendant without the consent of such person. So, if you first find beyond a reasonable doubt that the Defendant committed the bank robbery offense as charged in Count, then the Defendant can be found guilty of this additional offense only if all of the following facts are proved beyond a reasonable doubt: First: That while [committing such bank robbery offense] [attempting to avoid apprehension for the commission of a bank robbery offense], the Defendant forced another person or persons to accompany the Defendant, as charged; and Second: That such other person or persons did not voluntarily consent to accompany the Defendant. To force another person to do something without "voluntary consent" is to compel the person to act against his or her will through the use of intimidation or threats of harm. To require someone else to " accompany" a person means that the victim must have been forced to move with the Defendant from one place to another (rather than being forced to move alone or with someone other than the Defendant). It is not necessary, how ever, for the Government to prove that the forced movement in the company of the Defendant involved leaving the premises of the bank, or that such movement traversed a particular number of feet, or lasted a particular length of time, or produced any particular level of fear or apprehension on the part of the victim. What must be proved beyond a reasonable doubt is that the forced movement in t he company of the Defendant was a movement of some substance or significance as distinguished from a wholly insubstantial, trivial or insignificant movement. ANNOTATIONS AND COMMENTS 18 USC § 2113 (e) provides: (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 from arrest or confinement for such offense . . . forces any person to accompany him [or her] without the consent of such person [shall be guilty of an offense against the United States]. Maximum Penalty: Mandatory minimum of ten (10) years imprisonment. If death results, then the maximum penalty is death. The definition of "accompany," including the enumeration of things that need not be proved, is derived from United States v. Bauer, 956 F.2d 239 (11th Cir. 1992), cert. denied 506 U. S. 976, 113 S.Ct. 469, 121 L.Ed.2d 376 (1992).