260
Kennedy, J., dissenting
ments, however, are included in unambiguous fashion in the offense-defining part of the statutes. With respect to the debatable interpretive question—whether serious bodily injury and death are part of the carjacking offense—the circumstance that the definition of the offense in § 2119 is based on § 2111 and that § 2111 does not include these elements suggests § 2119 does not include the elements either.
Passing over § 2111, the Court suggests §§ 2113 and 2118 support its reading of § 2119. I disagree. Section 2113, captioned "Bank robbery and incidental crimes," consists of eight subsections. The last three are definitional and irrelevant to the question at hand. The first subsection, subsection (a), proscribes the crime of bank robbery in language that tracks the definition of the offense in § 2119, i. e., "tak[ing], or attempt[ing] to take," something of value "from the person or presence of another," "by force and violence, or by intimidation." Subsection (b) proceeds to define the offense of bank larceny and is cast in different terms—as is natural in light of the different conduct proscribed. Subsections (d) and (e) of § 2113, the two subsections relied upon by the Court, provide as follows:
"(d) Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) and (b) of this section, 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 twenty-five years, or both.
"(e) 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 him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment."
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