11th Cir. Pattern Jury Instr. (Criminal) O77

18 U.S.C. § 2114(a)

It’s a Federal crime to take or attempt to take mail matter, money, or

property from a person in lawful custody of mail matter or of money or other

property of the United States, if in so doing the [person is wounded] [person’s life

is jeopardized by the use of a dangerous weapon].

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

facts are proved beyond a reasonable doubt:

(1) the Defendant intentionally [took] [attempted to take] from the

person or the presence of the person described in the indictment

any mail matter or any other money or any other property of the

United States then in the lawful charge, control or custody of that

person;

(2) the Defendant took the property against the victim’s will, [by

means of force and violence] [by means of intimidation]; and

(3) while [committing] [attempting to commit] the robbery, the

Defendant [wounded the person described in the indictment]

[jeopardized the life of the person described in the indictment by

using a dangerous weapon].

The Government is not required to prove that the Defendant knew the

money or other property was property of the United States.

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

would cause an ordinary person to fear bodily harm. It doesn’t matter whether the

alleged victim was actually frightened, or whether the Defendant was so violent

that it was likely to cause terror, panic, or hysteria.

The heart of the crime is the taking of mail matter, money, or property and

the Defendant’s intentional intimidation of the alleged victim.

[A “dangerous weapon” 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 a person “by the use of a dangerous weapon”

means, then, to expose someone else to a risk of death by using a dangerous

weapon or device.]