11th Cir. Pattern Jury Instr. (Criminal) O76.3

18 U.S.C. § 2113(a) And (d)

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

It’s a Federal crime to take [or 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] [credit union] [saving and loan

association], and while doing so to [assault any person] [put the life of any person

in jeopardy by using a dangerous weapon or device].

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly took 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;

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

of intimidation]; and

(3) the Defendant [assaulted someone] [put someone’s life in jeopardy

by using a dangerous weapon or device] while stealing the

property or money.

[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.]

[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.]

In some cases, the law that a Defendant is charged with breaking actually

covers two separate crimes. One is less serious than the other, and is generally

called a “lesser-included offense.”

So, if you all find the Defendant “Not Guilty” of the crime charged in count

_____ of the indictment, you must then determine whether the Defendant is guilty

or not guilty of the lesser-included offense.

The crime of bank robbery combined with [an assault] [using a dangerous

weapon or device and putting someone’s life in jeopardy] includes the lesser

offense of bank robbery without [an assault] [using a dangerous weapon or device

and putting in someone’s life in jeopardy].

So if you find the Defendant not guilty of the crime charged in count _____

of the indictment, then you must decide whether the Defendant is guilty or not

guilty of the lesser -included offense of bank robbery without [committing an

assault] [endangering another by using a dangerous weapon or device].