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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 103 — Robbery and Burglary

§ 2113. Bank robbery and incidental crimes

Statutory text

(a)

Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; or

Whoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny—

Shall be fined under this title or imprisoned not more than twenty years, or both.

(b)

Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both; or

Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.

(c)

Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.

(d)

Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than twenty-five years, or both.

(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 or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.

(f)

As used in this section the term “bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation.

(g)

As used in this section the term “credit union” means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any “Federal credit union” as defined in section 2 of the Federal Credit Union Act. The term “State-chartered credit union” includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.

(h)

As used in this section, the term “savings and loan association” means—

(1)

a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; and

(2)

a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 2113

    June 25, 1948, ch. 645, 62 Stat. 796

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 796

  2. Public Law not identified

    Amended · 18 U.S.C. § 2113(g)

    Subsec. (g). Act Apr. 8, 1952, broadened definition of “savings and loan association” by including any insured institution as defined in section 401 of the National Housing Act, as amended

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (g). Act Apr. 8, 1952, broadened definition of “savings and loan association” by including any insured institution as defined in section 401 of the National Housing Act, as amended.

  3. Pub. L. 86–354 § 2 · 73 Stat. 628

    Changed · 18 U.S.C. § 2113(g)

    Pub. L. 86–354 included Federal credit unions in definition of “savings and loan association”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 86–354 included Federal credit unions in definition of “savings and loan association”.

    Enacted provision · exact public law section
    Sec. 2. Section 2113(g) of title 18 of the United States Code is 62 Stat. 796. amended by inserting before the period at the end thereof “, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act”.

  4. Pub. L. 91–468 § 8(1) · 84 Stat. 994

    Inserted · 18 U.S.C. § 2113(a)(c)

    Pub. L. 91–468, § 8(1), inserted reference to “credit union” after “bank,” each place it appears

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 91–468, § 8(1), inserted reference to “credit union” after “bank,” each place it appears.

    Enacted provision · exact public law section
    (1) Subsections (a), (b), and (c) are each amended by inserting the words “credit union,” following the word “bank,” each place it appears therein.

  5. Pub. L. 91–468 § 8(2) · 84 Stat. 994

    Added · 18 U.S.C. § 2113(h)

    Pub. L. 91–468, § 8(2), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 91–468, § 8(2), added subsec. (h).

    Enacted provision · exact public law section
    (2) The following new subsection is added at the end thereof: “(h) As used in this section the term ‘credit union’ means any “Credit union.” Federal credit union and any State-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.”

  6. Comprehensive Crime Control Act of 1984

    Pub. L. 98–473 title II § 1106 · 98 Stat. 1837

    1. Amended · 18 U.S.C. § 2113(c)

      Pub. L. 98–473 amended subsec. (c) generally

    2. Substituted · 18 U.S.C. § 2113(c)

      Pub. L. 98–473 substituting “which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen” for “knowing the same to have been taken from a bank, credit union, or a savings and loan association, in violation of subsection (b) of this section”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–473 amended subsec. (c) generally, substituting “which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen” for “knowing the same to have been taken from a bank, credit union, or a savings and loan association, in violation of subsection (b) of this section”.

    Enacted provision · exact public law section
    Sec. 1106. Subsection (c) of section 2113 of title 18 is amended to read as follows: “(c) Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker.”.

  7. Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 68 · 100 Stat. 3592

    Inserted · 18 U.S.C. § 2113(a)

    Pub. L. 99–646 inserted “, or obtains or attempts to obtain by extortion” after “presence of another” in first par

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–646 inserted “, or obtains or attempts to obtain by extortion” after “presence of another” in first par.

    Enacted provision · exact public law section
    SEC. 68. ADDITION OF EXTORTION TO BANK ROBBERY OFFENSE. Section 2113(a) of title 18, United States Code, is amended by inserting “, or obtains or attempts to obtain by extortion” after “from the person or presence of another”.

  8. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 § 962(d)(1) · 103 Stat. 183

    Substituted · 18 U.S.C. § 2113(f)

    Pub. L. 101–73, § 962(d)(1), substituted “any institution the deposits of which” for “any bank the deposits of which”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–73, § 962(d)(1), substituted “any institution the deposits of which” for “any bank the deposits of which”.

    Enacted provision · exact public law section
    (1) in subsection (f), by striking “any bank the deposits of which” and inserting “any institution the deposits of which”;

  9. Financial Institutions Reform, Recovery, and Enforcement Act of 1989

    Pub. L. 101–73 § 962(a)(7) · 103 Stat. 183

    1. Redesignated · 18 U.S.C. § 2113(g); 18 U.S.C. § 2113(h)

      Pub. L. 101–73, § 962(a)(7), (d)(2), (3), redesignated subsec. (h) as (g)

    2. Substituted · 18 U.S.C. § 2113(g); 18 U.S.C. § 2113(h)

      Pub. L. 101–73, § 962(a)(7), (d)(2), (3), substituted “National Credit Union Administration Board, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act” for “Administrator of the National Credit Union Administration”

    3. Struck · 18 U.S.C. § 2113(g); 18 U.S.C. § 2113(h)

      Pub. L. 101–73, § 962(a)(7), (d)(2), (3), struck out former subsec. (g) which read as follows: “As used in this section the term ‘savings and loan association’ means any Federal savings and loan association and any ‘insured institution’ as defined in section 401 of the National Housing Act, as amended, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act.”

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 101–73, § 962(a)(7), (d)(2), (3), redesignated subsec. (h) as (g), substituted “National Credit Union Administration Board, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act” for “Administrator of the National Credit Union Administration”, and struck out former subsec. (g) which read as follows: “As used in this section the term ‘savings and loan association’ means any Federal savings and loan association and any ‘insured institution’ as defined in section 401 of the National Housing Act, as amended, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act.”

    Enacted provision · exact public law section
    (7) Changes relating to national credit union administration.— Sections 657, 1006, 1014, and 2113(h) of title 18, United States Code, are each amended by striking “Administrator of the National Credit Union Administration” and inserting “National Credit Union Administration Board”.

  10. Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

    Pub. L. 101–647 title XXV § 2597 · 104 Stat. 4789

    Inserted · 18 U.S.C. § 2113(f)

    Pub. L. 101–647 inserted “including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “operating under the laws of the United States,”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–647 inserted “including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “operating under the laws of the United States,”.

    Enacted provision · exact public law section
    SEC. 2597. AMENDMENTS TO INCLUDE VARIOUS ENTITIES WHICH ENGAGE IN INTERNATIONAL BANKING BUSINESS WITHIN THE UNITED STATES WITHIN THE SCOPE OF FINANCIAL CRIME PROVISIONS. (a) Definition of Financial Institution.— Section 20 of title 18, United States Code, is amended— (1) by striking the period at the end of paragraph (6) and inserting a semicolon; and (2) by adding at the end the following new paragraphs: “(7) a Federal Reserve bank or a member bank of the Federal Reserve System; “(8) an organization operating under section 25 or section 25(a) of the Federal Reserve Act; or “(9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978).”. (b) Offer of Loan or Gratuity to Bank Examiner.— Section 212 of title 18, United States Code, is amended— (1) in the 1st undesignated paragraph— (A) by striking “System or the deposits of which” and inserting “System, or the deposits of which”; (B) by inserting “or which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “deposits of which are insured by the Federal Deposit Insurance Corporation,”; and (C) by inserting “branch, agency, organization,” after “who examines or has authority to examine such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “System or insured” and inserting “System, insured”; and (B) by inserting “branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “financial institutions,”. (c) Acceptance of Loan or Gratuity by Bank Examiner.— Section 213 of title 18, United States Code, is amended— (1) by striking “System or financial institutions the deposits of which” and inserting “System, financial institutions the deposits of which”; (2) by inserting “which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “deposits of which are insured by the Federal Deposit Insurance Corporation,”; (3) by inserting “branch, agency,” after “accepts a loan or gratuity from any bank,”. (d) Custodians, Generally, Misusing Public Funds.— Section 648 of title 18, United States Code, is amended by inserting “, including any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and ( 3) of section 1(b) of the International Banking Act of 1978),” after “or deposits in any bank”. (e) Theft by Examiner.— Section 655 of title 18, United States Code, is amended— (1) in the 1st undesignated paragraph— (A) by striking “System or which is insured” and inserting “System, which is insured”; (B) by inserting “which is a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which is an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation,”; and (C) by inserting “branch, agency, or organization,” after “premises of such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “System or banks the deposits of which” and inserting “System, banks the deposits of which”; and (B) by inserting “branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organizations operating under section 25 or section 25(a) of the Federal Reserve Act,” after “are insured by the Federal Deposit Insurance Corporation,”. (f) Theft, Embezzlement, or Misapplication by Bank Officer or Employee.— Section 656 of title 18, United States Code (as amended by section 2104(b) of this subtitle) is amended— (1) in the 1st undesignated paragraph— (A) by striking “national bank, or insured bank” and inserting “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,”; (B) by inserting “insured bank, branch, agency, or organization” after “receiver of a national bank,”; (C) by inserting “, branch, agency, or organization” after “misapplies any of the moneys, funds or credits of such bank”; (D) by inserting “branch, agency, or organization,” after “custody or care of such bank,”; and (2) in the 2d undesignated paragraph— (A) by striking “and” after “one of the Federal Reserve banks,”; and (B) by inserting before the period the following: “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title”. (g) Certification of Checks.— Section 1004 of title 18, United States Code, is amended— (1) by striking “or” after “Federal Reserve bank” and inserting a comma; (2) by inserting “insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “member bank of the Federal Reserve System,”; and (3) by inserting “, branch, agency, or organization,” after “has been regularly deposited in the bank”. (h) Bank Entries, Reports, and Transactions.— Section 1005 of title 18, United States Code (as amended by section 2104(d) of this subtitle) is amended— (1) in the 1st undesignated paragraph— (A) by striking “national bank or insured bank” and inserting “national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) of the Federal Reserve Act,”; and (B) by inserting “, branch, agency, or organization” after “of such bank” each place such term appears; (2) in the 3d undesignated paragraph, by striking “bank or company” each place such term appears and inserting “bank, company, branch, agency, or organization”; and (3) in the last undesignated paragraph— (A) by striking “and” after “one of the Federal Reserve banks;”; and (B) by inserting before the period the following: “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title”. (i) False Statements in Loan, Credit, and Crop Insurance Applications.— Section 1014 of title 18, United States Code (as amended by section 2104(g) of this subtitle) is amended by inserting “a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “or the National Credit Union Administration Board”. (j) Fraud and Related Activity in Connection With Computers.— Section 1030(e)(4) of title 18, United States Code, is amended— (1) by striking “and” at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: “(H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and “(I) an organization operating under section 25 or section 25(a) of the Federal Reserve Act.”. (k) Disclosure of Information From a Bank Examination Report.— Section 1906 of title 18, United States Code, is amended— (1) by striking “System, or bank insured” and inserting “System, any bank insured”; (2) by inserting “, any branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or any organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “by the Federal Deposit Insurance Corporation”; (3) by inserting “branch, agency, or organization,” after “proper officers of such bank,”; (4) by inserting “or a Federal branch or Federal agency (as such terms are defined in paragraphs (5) and (6) of section 1(b) of the International Banking Act of 1978)” after “national bank”; (5) by inserting “, an uninsured State branch or State agency (as such terms are defined in paragraphs (11) and (12) of section 1(b) of the International Banking Act of 1978), or an organization operating under section 25 or section 25(a) of the Federal Reserve Act” after “as to a State member bank”; (6) by inserting “, including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),” after “any other insured bank”; and (7) by inserting “or organization” after “board of directors of such bank”. (l) Bank Robbery and Incidental Crimes.— Section 2113(f) of title 18, United States Code, is amended by inserting “including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “operating under the laws of the United States,”.

  11. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 2113(a); 18 U.S.C. § 2113(b)

    Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in last par. of subsec. (a) and first par. of subsec. (b)

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in last par. of subsec. (a) and first par. of subsec. (b).

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

  12. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330016(1)(L) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 2113(d)

    Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”.

    Enacted provision · exact public law section
    (L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595, 599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892, 893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315, 2383, 2386, 2387, 2388, and 2512 by striking “not more than $10,000” each place it appears and inserting “under this title”;

  13. Federal Death Penalty Act of 1994

    Pub. L. 103–322 § 60003(a)(9) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 2113(e)

    Pub. L. 103–322, § 60003(a)(9), substituted “or if death results shall be punished by death or life imprisonment” for “or punished by death if the verdict of the jury shall so direct”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–322, § 60003(a)(9), substituted “or if death results shall be punished by death or life imprisonment” for “or punished by death if the verdict of the jury shall so direct”.

    Enacted provision · exact public law section
    (9) Bank robbery.— Section 2113(e) of title 18, United States Code, is amended by striking “or punished by death if the verdict of the jury shall so direct” and inserting “or if death results shall be punished by death or life imprisonment”.

  14. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 320608 · 108 Stat. 1796

    Added · 18 U.S.C. § 2113(h)

    Pub. L. 103–322, § 320608, added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 103–322, § 320608, added subsec. (h).

    Enacted provision · exact public law section
    SEC. 320608. DEFINITION OF “SAVINGS AND LOAN ASSOCIATION” FOR PURPOSES OF THE OFFENSE OF BANK ROBBERY AND RELATED OFFENSES. Section 2113 of title 18, United States Code, is amended by adding at the end the following new subsection: “(h) As used in this section, the term ‘savings and loan association’ means— “(1) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; and “(2) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.”.

  15. Economic Espionage Act of 1996

    Pub. L. 104–294 § 606(a) · 110 Stat. 3488

    Substituted · 18 U.S.C. § 2113(b)

    Pub. L. 104–294, § 606(a), substituted “exceeding $1,000” for “exceeding $100” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–294, § 606(a), substituted “exceeding $1,000” for “exceeding $100” in two places.

    Enacted provision · exact public law section
    (a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113 of title 18, United States Code, are amended by striking “$100” each place it appears and inserting “$1,000”.

  16. Economic Espionage Act of 1996

    Pub. L. 104–294 § 607(d) · 110 Stat. 3488

    Inserted · 18 U.S.C. § 2113(g)

    Pub. L. 104–294, § 607(d), inserted at end “The term ‘State-chartered credit union’ includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–294, § 607(d), inserted at end “The term ‘State-chartered credit union’ includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.”

    Enacted provision · exact public law section
    (d) Sections 1014 and 2113(g) of title 18, United States Code, are each amended by adding at the end the following: “The term ‘State-chartered credit union’ includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.”.

  17. Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(d)(1)(C)(ii) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 2113(b)

    Pub. L. 107–273 substituted “under this title” for “not more than $1,000” in last par

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–273 substituted “under this title” for “not more than $1,000” in last par.

    Enacted provision · exact public law section
    (ii) Sections 2075 and 2113(b) of title 18, United States Code, are each amended by striking “not more than $1,000” and inserting “under this title”.

18 of 20 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

Historical and Revision Notes

Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940 ed., Banks and Banking (May 18, 1934, ch. 304, §§ 1, 2, 3, 48 Stat. 783; Aug. 23, 1935, ch. 614, § 333, 49 Stat. 720; Aug. 24, 1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).

Section consolidates sections 588a, 588b, and 588c of title 12, U.S.C., 1940 ed., Banks and Banking, as suggested by United States Attorney Clyde O. Eastus, of Fort Worth, Tex.

Words “felony or larceny” in subsection (a) were changed to “felony affecting such bank and in violation of any statute of the United States, or any larceny”.

Use of term “felony” without limitation caused confusion as to whether a common law, State, or Federal felony was intended. Change conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87 L. Ed. 640): “§ 2(a) [§ 588b(a) of title 12, U.S.C., 1940 ed., Banks and Banking] is not deprived of vitality if it is interpreted to exclude State felonies and to include only those Federal felonies which affect banks protected by the Act.”

Minimum punishment provisions were omitted from subsection (c). (See reviser’s note under section 203 of this title.) Also the provisions of subsection (b) measuring the punishment by the amount involved were extended and made applicable to the receiver as well as the thief. There seems no good reason why the thief of less than $100 should be liable to a maximum of imprisonment for one year and the receiver subject to 10 years.

The figures “100” were substituted for “50” in view of the fact that the present worth of $100 is less than the value of $50 when that sum was fixed as the dividing line between petit larceny and grand larceny.

The attention of Congress is directed to the mandatory minimum punishment provisions of sections 2113(e) and 2114 of this title. These were left unchanged because of the controversial question involved. Such legislative attempts to control the discretion of the sentencing judge are contrary to the opinions of experienced criminologists and criminal law experts. They are calculated to work manifest injustice in many cases.

Necessary minor translations of section references, and changes in phraseology, were made.

Editorial Notes

References in Text

Section 1(b) of the International Banking Act of 1978, referred to in subsec. (f), is classified to section 3101 of Title 12, Banks and Banking.

Section 2 of the Federal Credit Union Act, referred to in subsec. (g), is classified to section 1752 of Title 12.

Amendments1950–2002 · 11 rounds

2002

Subsec. (b). Pub. L. 107–273 substituted “under this title” for “not more than $1,000” in last par.

1996

Subsec. (b). Pub. L. 104–294, § 606(a), substituted “exceeding $1,000” for “exceeding $100” in two places.

Subsec. (g). Pub. L. 104–294, § 607(d), inserted at end “The term ‘State-chartered credit union’ includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.”

1994

Subsecs. (a), (b). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in last par. of subsec. (a) and first par. of subsec. (b).

Subsec. (d). Pub. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000”.

Subsec. (e). Pub. L. 103–322, § 60003(a)(9), substituted “or if death results shall be punished by death or life imprisonment” for “or punished by death if the verdict of the jury shall so direct”.

Subsec. (h). Pub. L. 103–322, § 320608, added subsec. (h).

1990

Subsec. (f). Pub. L. 101–647 inserted “including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978),” after “operating under the laws of the United States,”.

1989

Subsec. (f). Pub. L. 101–73, § 962(d)(1), substituted “any institution the deposits of which” for “any bank the deposits of which”.

Subsecs. (g), (h). Pub. L. 101–73, § 962(a)(7), (d)(2), (3), redesignated subsec. (h) as (g), substituted “National Credit Union Administration Board, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act” for “Administrator of the National Credit Union Administration”, and struck out former subsec. (g) which read as follows: “As used in this section the term ‘savings and loan association’ means any Federal savings and loan association and any ‘insured institution’ as defined in section 401 of the National Housing Act, as amended, and any ‘Federal credit union’ as defined in section 2 of the Federal Credit Union Act.”

1986

Subsec. (a). Pub. L. 99–646 inserted “, or obtains or attempts to obtain by extortion” after “presence of another” in first par.

1984

Subsec. (c). Pub. L. 98–473 amended subsec. (c) generally, substituting “which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen” for “knowing the same to have been taken from a bank, credit union, or a savings and loan association, in violation of subsection (b) of this section”.

1970

Subsecs. (a) to (c). Pub. L. 91–468, § 8(1), inserted reference to “credit union” after “bank,” each place it appears.

Subsec. (h). Pub. L. 91–468, § 8(2), added subsec. (h).

1959

Subsec. (g). Pub. L. 86–354 included Federal credit unions in definition of “savings and loan association”.

1952

Subsec. (g). Act , broadened definition of “savings and loan association” by including any insured institution as defined in section 401 of the National Housing Act, as amended.

1950

Act , brought within section State-chartered savings and loan associations whose accounts are insured by the Federal Savings and Loan Insurance Corporation.

Credits

1948–2002 · 12 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 796
  2. 1950Aug. 3, 1950, ch. 516, 64 Stat. 394
  3. 1952Apr. 8, 1952, ch. 164, 66 Stat. 46
  4. 1959Pub. L. 86–354, § 2, , 73 Stat. 639
  5. 1970Pub. L. 91–468, § 8, , 84 Stat. 1017
  6. 1984Pub. L. 98–473, title II, § 1106, , 98 Stat. 2145
  7. 1986Pub. L. 99–646, § 68, , 100 Stat. 3616
  8. 1989Pub. L. 101–73, title IX, § 962(a)(7), (d), , 103 Stat. 502, 503
  9. 1990Pub. L. 101–647, title XXV, § 2597(l), , 104 Stat. 4911
  10. 1994Pub. L. 103–322, title VI, § 60003(a)(9), title XXXII, § 320608, title XXXIII, § 330016(1)(K), (L), , 108 Stat. 1969, 2120, 2147
  11. 1996Pub. L. 104–294, title VI, §§ 606(a), 607(d), , 110 Stat. 3511
  12. 2002Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), , 116 Stat. 1809.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64 Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86–354, § 2, , 73 Stat. 639; Pub. L. 91–468, § 8, , 84 Stat. 1017; Pub. L. 98–473, title II, § 1106, , 98 Stat. 2145; Pub. L. 99–646, § 68, , 100 Stat. 3616; Pub. L. 101–73, title IX, § 962(a)(7), (d), , 103 Stat. 502, 503; Pub. L. 101–647, title XXV, § 2597(l), , 104 Stat. 4911; Pub. L. 103–322, title VI, § 60003(a)(9), title XXXII, § 320608, title XXXIII, § 330016(1)(K), (L), , 108 Stat. 1969, 2120, 2147; Pub. L. 104–294, title VI, §§ 606(a), 607(d), , 110 Stat. 3511; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(C)(ii), , 116 Stat. 1809.)

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USLM identifier /us/usc/t18/s2113