10th Cir. Crim. Pattern Jury Instr. 2.77

(Subsections (a) and (d) Alleged in the Same Count)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 2113(a).

This law makes it a crime to [take] [attempt to take] from [a

person] [the presence of someone] by [force and violence]

[intimidation] any [money] [property] in the possession of a

federally insured bank, and in the process of so doing to [assault

any person] [put in jeopardy the life of any person] by the use of a

dangerous weapon or device.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: the defendant intentionally took from [the person] [the

presence of the person], [money] [property];

Second: the [money] [property] belonged to or was in the

possession of a federally insured bank at the time of the taking;

Third: the defendant took the [money] [property] by means of

[force and violence] [intimidation]; and

Fourth: the defendant [assaulted some person] [put some

person’s life in jeopardy] by the use of a dangerous weapon or

device, while engaged in taking the [money] [property].

A “federally insured bank” means any bank with deposits

insured by the Federal Deposit Insurance Corporation at the time

of the alleged violation.

[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. However, a taking would not be

by “means of intimidation” if the fear, if any, resulted from the

alleged victim’s own timidity rather than some intimidating

conduct on the part of the defendant. The essence of the offense is

the taking of money or proper ty accompanied by intentional,

intimidating behavior on the part of the defendant.]

PATTERN CRIMINAL JURY INSTRUCTIONS

263

[An “assault” may be committed without actually striking or

injuring another person. An assault occurs whenever one person

makes a threat to injure someone else and also has an apparent,

present ability to carry out the threat, such as by brandishing or

pointing a dangerous weapon or device at the other.]

[A “dangerous weapon or device” includes anything capable of

being readily operated or wielded by one person to inflict severe

bodily harm or injury upon another person.]

[To “put in jeopardy the life of any person by the use of a

dangerous weapon or device” means to expose someone else to a

risk of death by the use of a dangerous weapon or device.]