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18 USC 2113(a) and (d), makes it a Federal crime or offense for anyone to take from the person or presence of someone else by force and violence or by intimidation any property or money in the possession of a federally insured bank or insured savings and loan association, and in the process of so doing to assault any person or put in jeopardy the life of any person by the use of a dangerous weapon or device.
A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
First: That the person took from the person or the presence of the person described in the indictment, money or property then in the possession of a federally insured bank or insured savings and loan association;
Second: That the person did so by means of force or violence or by means of intimidation;
Third: That the person assaulted or put in jeopardy the life of some person by the use of a dangerous weapon or device while engaged in taking the property or money, as charged; and
Fourth: That the person acted knowingly and willfully.
It is not necessary to prove that the alleged victim was actually frightened, and neither is it necessary to show that the behavior of the person was so violent that it was likely to cause terror, panic or hysteria. However, a taking would not be by "means of intimidation" if any fear on the part of the alleged victim resulted from his or her own timidity rather than some intimidating conduct on the part of the person. The essence of the offense is the taking of money or property aided and accompanied by willful, intimidating behavior on the part of the person.