When will a court allow a defendant to raise a voluntary intoxication defense in a bank robbery case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Burdeau, 168 F.3d 352 (9th Cir. 1999):

Second, the wording of 2111 is nearly identical to the wording of 18 U.S.C. 2113(a), which defines bank robbery: "Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, ... any property or money or any other thing of value belonging to ... any bank, credit union, or any savings and loan association...." We have held previously that bank robbery is a crime of general intent. See United States v. Foppe, 993 F.2d 1444, 1451 (9th Cir.1993); United States v. Darby, 857 F.2d 623, 626 (9th Cir.1988). There is no reason that the language in 2111 should be read differently, and we therefore conclude that robbery is a crime of general intent. Thus, the district court did not err in precluding Burdeau from raising a voluntary intoxication defense.

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