Federal law clarified: ATM theft now squarely federal crime
H.R. 1631 — Safe Access to Cash Act of 2025 · Filed by John Rose (R-TN) · 13 cosponsors · Introduced Feb 26, 2025 · Referred to committee
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What it does
This bill amends federal robbery law to clarify that ATMs—whether located on a bank's premises or elsewhere, and whether owned by the bank or not—are legally considered to be in the bank's care and custody for purposes of prosecuting ATM theft. This expands the definition of what constitutes bank robbery under federal law to cover off-premises ATMs and third-party-operated machines, making it easier to prosecute ATM theft as a federal crime.
Why we flagged it
The bill is a technical amendment to federal robbery statute that clarifies jurisdictional scope. It does not create new criminal liability—it removes ambiguity about whether off-premises ATMs fall within existing federal bank robbery law, enabling consistent prosecution.
What the text implies
- Expands federal criminal jurisdiction over what might previously have been prosecuted as state theft, shifting enforcement burden and resources to federal prosecutors and FBI.
- May increase federal sentencing exposure for ATM theft defendants, as federal bank robbery carries mandatory minimum sentences (10 years for robbery, 15 years if force/threat used) versus variable state penalties.
The full analysis lists 3 implications of this text.
Who it affects
Ordinary people benefit from clearer federal law that enables prosecution of ATM theft as a serious federal crime, closing a jurisdictional gap that previously allowed some ATM robberies to escape federal prosecution. The clarification strengthens law enforcement's ability to deter and punish theft of cash from ATMs, protecting depositors' access to their own money.