Notes on 18 U.S.C. § 2113 : US Code - Notes

Search Notes on 18 U.S.C. § 2113 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 796; Aug. 3, 1950, ch. 516, 64
Stat. 394; Apr. 8, 1952, ch. 164, 66 Stat. 46; Pub. L. 86-354, Sec.
2, Sept. 22, 1959, 73 Stat. 639; Pub. L. 91-468, Sec. 8, Oct. 19,
1970, 84 Stat. 1017; Pub. L. 98-473, title II, Sec. 1106, Oct. 12,
1984, 98 Stat. 2145; Pub. L. 99-646, Sec. 68, Nov. 10, 1986, 100
Stat. 3616; Pub. L. 101-73, title IX, Sec. 962(a)(7), (d), Aug. 9,
1989, 103 Stat. 502, 503; Pub. L. 101-647, title XXV, Sec. 2597(l),
Nov. 29, 1990, 104 Stat. 4911; Pub. L. 103-322, title VI, Sec.
60003(a)(9), title XXXII, Sec. 320608, title XXXIII, Sec.
330016(1)(K), (L), Sept. 13, 1994, 108 Stat. 1969, 2120, 2147; Pub.
L. 104-294, title VI, Secs. 606(a), 607(d), Oct. 11, 1996, 110
Stat. 3511; Pub. L. 107-273, div. B, title IV, Sec.
4002(d)(1)(C)(ii), Nov. 2, 2002, 116 Stat. 1809.)
HISTORICAL AND REVISION NOTES
Based on sections 588a, 588b, 588c, of title 12, U.S.C., 1940
ed., Banks and Banking (May 18, 1934, ch. 304, Secs. 1, 2, 3, 48
Stat. 783; Aug. 23, 1935, ch. 614, Sec. 333, 49 Stat. 720; Aug. 24,
1937, ch. 747, 50 Stat. 749; June 29, 1940, ch. 455, 54 Stat. 695).
Section consolidates sections 588a, 588b, and 588c of title 12,
U.S.C., 1940 ed., Banks and Banking, as suggested by United States
Attorney Clyde O. Eastus, of Fort Worth, Tex.
Words "felony or larceny" in subsection (a) were changed to
"felony affecting such bank and in violation of any statute of the
United States, or any larceny".
Use of term "felony" without limitation caused confusion as to
whether a common law, State, or Federal felony was intended. Change
conforms with Jerome v. U.S. (1943, 63 S. Ct. 483, 318 U.S. 101, 87
L. Ed. 640): "Sec. 2(a) [Sec. 588b(a) of title 12, U.S.C., 1940
ed., Banks and Banking] is not deprived of vitality if it is
interpreted to exclude State felonies and to include only those
Federal felonies which affect banks protected by the Act."
Minimum punishment provisions were omitted from subsection (c).
(See reviser's note under section 203 of this title.) Also the
provisions of subsection (b) measuring the punishment by the amount
involved were extended and made applicable to the receiver as well
as the thief. There seems no good reason why the thief of less than
$100 should be liable to a maximum of imprisonment for one year and
the receiver subject to 10 years.
The figures "100" were substituted for "50" in view of the fact
that the present worth of $100 is less than the value of $50 when
that sum was fixed as the dividing line between petit larceny and
grand larceny.
The attention of Congress is directed to the mandatory minimum
punishment provisions of sections 2113(e) and 2114 of this title.
These were left unchanged because of the controversial question
involved. Such legislative attempts to control the discretion of
the sentencing judge are contrary to the opinions of experienced
criminologists and criminal law experts. They are calculated to
work manifest injustice in many cases.
Necessary minor translations of section references, and changes
in phraseology, were made.
REFERENCES IN TEXT
Section 1(b) of the International Banking Act of 1978, referred
to in subsec. (f), is classified to section 3101 of Title 12, Banks
and Banking.
Section 2 of the Federal Credit Union Act, referred to in subsec.
(g), is classified to section 1752 of Title 12.
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-273 substituted "under this
title" for "not more than $1,000" in last par.
1996 - Subsec. (b). Pub. L. 104-294, Sec. 606(a), substituted
"exceeding $1,000" for "exceeding $100" in two places.
Subsec. (g). Pub. L. 104-294, Sec. 607(d), inserted at end "The
term '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."
1994 - Subsecs. (a), (b). Pub. L. 103-322, Sec. 330016(1)(K),
substituted "fined under this title" for "fined not more than
$5,000" in last par. of subsec. (a) and first par. of subsec. (b).
Subsec. (d). Pub. L. 103-322, Sec. 330016(1)(L), substituted
"fined under this title" for "fined not more than $10,000".
Subsec. (e). Pub. L. 103-322, Sec. 60003(a)(9), substituted "or
if death results shall be punished by death or life imprisonment"
for "or punished by death if the verdict of the jury shall so
direct".
Subsec. (h). Pub. L. 103-322, Sec. 320608, added subsec. (h).
1990 - Subsec. (f). Pub. L. 101-647 inserted "including a branch
or agency of a foreign bank (as such terms are defined in
paragraphs (1) and (3) of section 1(b) of the International Banking
Act of 1978)," after "operating under the laws of the United
States,".
1989 - Subsec. (f). Pub. L. 101-73, Sec. 962(d)(1), substituted
"any institution the deposits of which" for "any bank the deposits
of which".
Subsecs. (g), (h). Pub. L. 101-73, Sec. 962(a)(7), (d)(2), (3),
redesignated subsec. (h) as (g), substituted "National Credit Union
Administration Board, and any 'Federal credit union' as defined in
section 2 of the Federal Credit Union Act" for "Administrator of
the National Credit Union Administration", and struck out former
subsec. (g) which read as follows: "As used in this section the
term 'savings and loan association' means any Federal savings and
loan association and any 'insured institution' as defined in
section 401 of the National Housing Act, as amended, and any
'Federal credit union' as defined in section 2 of the Federal
Credit Union Act."
1986 - Subsec. (a). Pub. L. 99-646 inserted ", or obtains or
attempts to obtain by extortion" after "presence of another" in
first par.
1984 - Subsec. (c). Pub. L. 98-473 amended subsec. (c) generally,
substituting "which has been taken or stolen from a bank, credit
union, or savings and loan association in violation of subsection
(b), knowing the same to be property which has been stolen" for
"knowing the same to have been taken from a bank, credit union, or
a savings and loan association, in violation of subsection (b) of
this section".
1970 - Subsecs. (a) to (c). Pub. L. 91-468, Sec. 8(1), inserted
reference to "credit union" after "bank," each place it appears.
Subsec. (h). Pub. L. 91-468, Sec. 8(2), added subsec. (h).
1959 - Subsec. (g). Pub. L. 86-354 included Federal credit unions
in definition of "savings and loan association".
1952 - Subsec. (g). Act Apr. 8, 1952, broadened definition of
"savings and loan association" by including any insured institution
as defined in section 401 of the National Housing Act, as amended.
1950 - Act Aug. 3, 1950, brought within section State-chartered
savings and loan associations whose accounts are insured by the
Federal Savings and Loan Insurance Corporation.