Bank robbery is almost always a federal crime. The federal bank robbery statute, 18 U.S.C. § 2113, reaches any institution whose deposits are insured by the FDIC, and that covers virtually every bank in the United States. State robbery laws can technically apply to the same conduct, but in practice federal authorities take the lead on nearly every case. So when people ask whether bank robbery is a state or federal crime, the honest answer is: both governments have the power to prosecute, but federal charges are the default and state charges are the exception.
Why Federal Jurisdiction Almost Always Applies
The federal statute casts a wide net. Under 18 U.S.C. § 2113(f), the word “bank” includes any member bank of the Federal Reserve System, any banking institution organized under federal or state law, and any institution whose deposits are insured by the FDIC.1Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes Credit unions are covered separately throughout the statute.
The FDIC insures deposits at the vast majority of American banks.2Federal Deposit Insurance Corporation. Understanding Deposit Insurance The NCUA provides parallel coverage for federally insured credit unions.3National Credit Union Administration. Share Insurance Coverage Because nearly every bank and credit union in the country carries one of these federal insurance programs, robbing almost any financial institution in the United States triggers federal jurisdiction.
The statute also reaches beyond the lobby itself. If money or property belongs to a covered institution or is in its custody, taking it by force or intimidation qualifies. A robbery at an ATM owned by an FDIC-insured bank, or the holdup of an armored vehicle carrying bank funds, falls under the same federal statute.
Federal Penalty Tiers
What a federal bank robbery sentence looks like depends on how the crime was committed. Section 2113 sets out four escalating tiers.
- Basic robbery under subsection (a): taking money by force, violence, intimidation, or extortion, or entering a bank intending to commit a felony or theft inside. Up to 20 years in prison. An attempt that fails carries the same maximum.1Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes
- Bank larceny under subsection (b): stealing from a bank without force or intimidation. Up to 10 years if the amount exceeds $1,000, and up to one year if it does not.1Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes
- Armed robbery under subsection (d): assaulting anyone or putting a life in danger with a dangerous weapon during the robbery or larceny. Up to 25 years.1Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes
- Killing or kidnapping under subsection (e): killing anyone during the crime, during an escape attempt, or while resisting arrest, or forcing someone to come along against their will. Minimum of 10 years. If someone dies, the sentence is life in prison or the death penalty.1Office of the Law Revision Counsel. 18 USC 2113 – Bank Robbery and Incidental Crimes
On top of prison time, felony-level convictions carry potential fines of up to $250,000 under 18 U.S.C. § 3571.4Office of the Law Revision Counsel. 18 US Code 3571 – Sentence of Fine
What a Federal Conviction Actually Means
Two features of the federal system make these numbers hit harder than defendants often expect.
There is no parole. Congress abolished federal parole for offenses committed after November 1, 1987. Federal inmates can earn good-time credit of up to 54 days per year for appropriate behavior, and the First Step Act of 2018 allows additional credit for completing rehabilitation programs.5United States Sentencing Commission. Federal Sentencing – The Basics Even with maximum good-time credit, a 20-year sentence means close to two decades inside.
Restitution is mandatory. Under 18 U.S.C. § 3663A, the sentencing judge must order a convicted bank robber to pay back the stolen money or its full value if the property cannot be returned.6Office of the Law Revision Counsel. 18 US Code 3663A – Mandatory Restitution to Victims of Certain Crimes If anyone was physically injured, the defendant also owes medical costs, rehabilitation expenses, and lost income. The bank and its employees can recover expenses incurred participating in the investigation and prosecution. The obligation follows the defendant through prison and after release.
When State Charges Apply Instead
State robbery laws can reach a bank robbery, but the situations are narrow. The clearest one involves a financial institution that does not carry FDIC insurance. A few small private institutions or certain niche financial businesses may fall outside the federal statute’s definition of “bank.” The robbery is still a crime, just a state one.
State robbery statutes generally define the offense as taking property from another person through force or threat of force. Penalties for first-degree or aggravated robbery at the state level vary widely, from a few years to life in prison depending on the jurisdiction, whether weapons were involved, and whether anyone was injured.
Even when a case clearly falls under federal jurisdiction, state and local police are almost always first on the scene, and their initial investigation can lead to state charges if federal prosecutors decline the case. This happens most often with low-level offenses. A note-passing robbery with no weapon, a small dollar amount, and a first-time offender may not attract federal interest.
Can Both Governments Prosecute the Same Robbery
Yes. Federal and state governments share concurrent jurisdiction over bank robbery, and prosecuting the same conduct in both forums does not violate the Constitution’s protection against double jeopardy.
The reason is the separate sovereigns doctrine. The federal government and each state are treated as independent legal authorities, each with its own criminal laws. A single act that breaks both federal and state law is considered two separate offenses, one against each sovereign. The Supreme Court reaffirmed this principle in Gamble v. United States in 2019, declining to overturn the doctrine.7Supreme Court of the United States. Gamble v. United States, 587 US (2019) Where there are two sovereigns, the Court explained, there are two laws and two offenses.
In practice, dual prosecution is rare. Federal and state prosecutors typically coordinate and one side defers to the other. But the legal option is there, and a defendant cannot block a federal indictment by pointing to a state conviction, or the other way around.
Who Investigates and Decides Which Charges to File
The FBI has led federal bank robbery investigations since Congress made the offense a federal crime, and the bureau concentrates its resources on the most dangerous and prolific offenders, including serial robbers and those who use violence.8Federal Bureau of Investigation. Bank Robbery
Local police still play a critical role. They respond first, secure the scene, gather evidence, and often identify suspects before federal agents arrive. Federal and local agencies frequently work the investigation together, and the FBI may defer to local authorities when a case is relatively simple.8Federal Bureau of Investigation. Bank Robbery
Which agency takes the lead generally comes down to the severity of the crime, whether weapons were used, whether anyone was hurt, and whether the suspect may be tied to robberies across state lines. The FBI’s nationwide reach gives it the ability to link suspects to multiple crimes in different states, which is harder for a single local department to do on its own.