Ҥ 2113A. ATM robbery and incidental crimes

“(a) Offenses against ATM users and servicers.—Whoever, by force or violence, or by intimidation, takes, or attempts to take, or conspires to take, any property or money or any other thing of value from any person using or servicing, or attempting to use or service, an ATM, or from any person having used or serviced an ATM, where the offense is committed in connection with such use or service, or from any owner or operator of any network-connected ATM while such person is engaged in transporting or delivering property that is to be inserted into any such ATM, or from any person engaged in such transport or delivery under contract with, or employment by, any such owner or operator, or who extorts or attempts or conspires to obtain by extortion, any property or money or any other thing of value from any such person described in this subsection, shall be fined under this title or imprisoned not more than 20 years, or both.

“(b) Offenses against property.—

“(1) OFFENSES EXCEEDING $1,000.—Whoever breaks into, tampers with, damages, removes, steals, or attempts to break into, tamper with, damage, remove, or steal any ATM without authorization of the owner or operator of any such ATM, and removes or attempts to remove any property or money from any such ATM exceeding $1,000, shall be fined under this title or imprisoned not more than 10 years, or both.

“(2) OFFENSES NOT EXCEEDING $1,000.—Whoever breaks into, tampers with, damages, removes, steals, or attempts to break into, tamper with, damage, remove, or steal any ATM without authorization of the owner or operator of any such ATM, and does not remove or attempt to remove any property or money from any such ATM exceeding $1,000, shall be fined under this title or imprisoned not more than 1 year, or both.

“(c) Receipt, possession, concealment, storage, barter, sale, or disposal of property acquired unlawfully under this section.—Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value that has been taken in violation of subsection (a) or (b), or conspires to do so, knowing the same to be property that has been unlawfully taken, shall be subject to the punishment provided in subsection (a) or (b), as applicable, for the taker.

“(d) Assault in connection with offenses.—Whoever, in committing, or in attempting to commit, any offense defined in subsection (a) or (b), forcibly assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be fined under this title or imprisoned not more than 25 years, or both.

“(e) Killing or forcible accompaniment in connection with offenses.—Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany the offender without the consent of such person, shall be imprisoned not less than 10 years, or, if death results, shall be punished by life imprisonment.

“(f) Definitions.—In this section:

“(1) ATM.—The term ‘ATM’—

“(A) means any network-connected automated teller machine terminal that is connected to 1 or more of the global, national, or regional electronic financial networks that allow a depositor of any bank, credit union, or savings and loan association, by use at such automated teller machine of a card or other access device, as defined in section 1029(e)(1), issued or authorized by such depository institution, to access the account of the depositor for the purpose of making withdrawals from or deposits to such account, or making inquiry as to the balance in such account; and

“(B) includes any automated teller machine owned, operated, or sponsored by a bank, credit union, or any savings and loan association, regardless of whether—

“(i) the automated teller machine is located on the physical premises of such an institution; or

“(ii) the automated teller machine is owned or operated by such an institution.

“(2) BANK; CREDIT UNION; SAVINGS AND LOAN ASSOCIATION.—The terms ‘bank’, ‘credit union’, and ‘savings and loan association’ have the meanings given those terms in section 2113.

“(3) EXTORTION.—The term ‘extortion’ has the meaning given the term in section 1951(b)(2).

“(g) Included offenses.—The offenses defined in subsections (a) and (b) include any such offense committed against or involving an ATM, or any person using or servicing, or attempting to use or service, or against a person having used or serviced an ATM, where the offense is committed in connection with, or by reason of, such use or service, and any such offense against any owner or operator of an ATM while such person is engaged in transporting or delivering property that is to be loaded into an ATM, or against any person engaged in such transport or delivery under contract with, or employment by, any such owner or operator.”.