11th Cir. Pattern Jury Instr. (Criminal) O76.4

18 U.S.C. § 2113(e)

(Subsection (e) Only – Alleged in a Separate Count)

It’s a separate Federal crime for anyone while [committing the crime

described in Count _____ of the indictment] [avoiding or attempting to avoid being

arrested for committing the crime described in Count _____ of the indictment] to

force any person to accompany [him] [her] without the person’s consent. So if you

find beyond a reasonable doubt that the Defendant [committed the bank robbery as

described in Count _____] [avoided or attempted to avoid being arrested for

committing the crime described in Count _____], you may find the Defendant

guilty of this crime also if all the following facts are proved beyond a reasonable

doubt:

(1) while [committing the bank robbery] [attempting to avoid being

arrested for committing the bank robbery], the Defendant forced at

least one person to accompany [him] [her]; and

(2) the other person or people did not voluntarily consent to

accompany the Defendant.

To force another person to do something without “voluntary consent” is to

compel the person to act against his or her will through the use of intimidation or

threats of harm.

To force a victim to “accompany” the Defendant is to force the victim to

move with the defendant from place to place rather than being forced to move

alone or with someone other than the Defendant.

The crime requires a forced movement of some substance or significance in

the company of the Defendant, more than some small or trivial movement. But a

substantial or significant movement doesn’t have to involve leaving the premises,

covering a particular distance, lasting a particular amount of time, or producing

any particular level of fear in the victim. What the Government must prove beyond

a reasonable doubt is that the victim’s forced movement in the Defendant’s

company was of some substance or significance and not a tri vial or insignificant

movement.