11th Cir. Pattern Jury Instr. (Criminal) O76.2

18 U.S.C. § 2113(a) and (d)

(Subsections (a) and (d) Alleged in Separate Counts)

It’s a Federal crime to take [or to attempt to take] from or in the presence of

another person [by force and violence] [by intimidation] any property or money

possessed by a federally [insured bank] [insured credit union] [insured savings-and-loan association]. This crime is called bank robbery.

The Defendant can be found guilty of this crime as charged in Count _____

of the indictment, only if all the following facts are proved beyond a reasonable

doubt:

(1) the Defendant knowingly took [or attempted to take] money or

property possessed by a federally insured [bank] [credit union]

[savings-and-loan association] from or in the presence of the

person described in the indictment; and

(2) the Defendant did so [by means of force and violence] [by means

of intimidation].

[A “federally insured bank” means any bank whose deposits are insured by

the Federal Deposit Insurance Corporation.]

[A “federally insured credit union” means any Federal credit union and any

State-chartered credit union whose accounts are insured by the National Credit

Union Administration Board.]

[A “federally insured savings-and-loan association” means any savings-and-loan association whose deposits are insured by the Federal Savings -and-Loan

Insurance Corporation.]

[To take “by means of intimidation” is to say or do something in a way that

would make an ordinary person fear bodily harm.

The heart of the crime is taking money or property by using intimidation. It

doesn’t matter whether the victim was actually scared or whether the Defendant’s

behavior was violent enough to cause terror, panic, or hysteria as long as an

ordinary person in the victim’s position would have felt a threat of bodily harm by

the Defendant’s conduct.]

Under Federal law, it’s a more serious federal crime [to assault] [to put in

jeopardy the life of any person by the use of a dangerous weapon or device] while

committing bank robbery.

The Defendant can be found guilty of the more serious crime charged in

Count [subsection (d) count] if the Government proves the two facts necessary for

the crime in count [subsection (a) count) and proves this third fact beyond a

reasonable doubt, namely:

(3) that the Defendant knowingly [assaulted a person] [put the life of a

person in jeopardy by using a dangerous weapon or device] while

stealing property or money from the [bank] [credit union]

[savings-and-loan association].

[An “assault” may be committed without actually touching or hurting

another person. An assault occurs when a person intentionally attempts or threatens

to hurt someone else, and has an apparent and immediate ability to carry out the

threat, such as by pointing or brandishing a dangerous weapon or device.]

[A “dangerous weapon or device” includes any object that a person can

readily use to inflict serious bodily harm on someone else.]

[So to “put someone’s life in jeopardy by using a dangerous weapon or

device” means to expose someone else to a risk of death by using a dangerous

weapon or device.]