4.18.2113(a) Unarmed Bank Robbery, 18 U.S.C. § 2113(a) See Statute

[Defendant] is accused of robbing the [bank; savings and loan association; credit union]. It is against federal law to rob a federally insured [bank; savings and loan association; credit union]. For you to find the defendant guilty of this crime, you must be convinced that the government has proven each of these things beyond a reasonable doubt:

First, that [defendant] intentionally took money belonging to the [bank; savings and loan association; credit union], from a [bank; savings and loan association; credit union] employee or from the [bank; savings and loan association; credit union] while a [bank; savings and loan association; credit union] employee was present;

Second, that [defendant] used intimidation or force and violence when [he/she] did so; and

Third, that at that time, the deposits of the [bank; savings and loan association; credit union] were insured by the [_______]. [The parties have so stipulated].

“Intimidation” is actions or words used for the purpose of making someone else fear bodily harm if he or she resists. The actual courage or timidity of the victim is irrelevant. The actions or words must be such as to intimidate an ordinary, reasonable person.

Comment(s)

(1) Subjective intent to steal (i.e., knowledge by the defendant that he or she has no claim to the money) is not a required element under 18 U.S.C. § 2113(a). United States v. DeLeo, 422 F.2d 487, 490-91 (1st Cir. 1970).

(2) See the Comments to Instruction 4.18.2113(a) and (d) (Armed or Aggravated Bank Robbery).