5th Cir. Pattern Jury Instr. (Criminal) 2.80C

18 U.S.C. § 2113(a) (SECOND PARAGRAPH)

The second paragraph of Title 18, United States Code, Section 2113(a) makes it a crime

for anyone to enter [attempt to enter] any federally insured bank [credit union] [savings and loan

association] [building used in whole or in part as a bank, credit union, or savings and loan

association] with the intent to commit in such bank [credit union] [savings and loan association]

[building] [part thereof, so used] any larceny [felony affecting such bank [credit union] [savings

and loan association] [building] and in violation of any statute of the United States].

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant entered [attempted to enter] a federally insured bank [credit

union] [savings and loan association] [building used in whole or part as such];

Second: That at the time that the defendant entered [attempted to enter] the federally

insured bank [credit union] [savings and loan association] [building used in whole or part as such]

he [she] intended to commit therein any larceny [the following felony, in violation of any statute

of the United States. ________ (insert name of federal felony listed in the indictment);] and

Third: That the felony be one affecting such bank [credit union] [savings and loan

association] [building].

[A person commits any “larceny” when he takes and carries away, with intent to steal or

purloin, any property [money] [thing of value] of another.]

[I instruct you that _________ ( insert name of federal felony listed in the indictment ) is a

felony in violation of a statute of the United States.]

[A person commits the felony of _______ when he (insert appropriate Instruction).]

A “federally insured bank” means any bank with deposits insured by the Federal Deposit

Insurance Corporation.

[A “federally insured credit union” means any federal credit union and any state-chartered

credit union the accounts of which are insured by the National Credit Union Administration Board.

A state-chartered credit union includes a credit union chartered under the laws of a state of the

United States, the District of Columbia, or any commonwealth, territory, or possession of the

United States.]

[A “federally insured savings and loan association” means any savings and loan association

the deposits of which are insured by the Federal Deposit Insurance Corporation.]

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