Is stealing from an ATM a federal crime? The law says it depends

Is stealing from an ATM a Federal crime? The Department of Justice says it depends on where the crime occurs and how.

Friday, August 22nd 2025, 2:33 pm

By: Christian Hans

While bank robberies are considered a Federal crime in the United States, stealing from automated teller machines, or ATMs, is not always punished as such.

Since 1934, the Federal Bureau of Investigation says it has been a Federal crime to rob any national bank or state member bank of the Federal Reserve System.

Though the law soon expanded to include bank burglary, larceny and similar crimes, with jurisdiction delegated to the FBI, the Department of Justice says robberies involving ATMs can vary depending on the circumstance.

The DOJ says if a bank customer is robbed shortly after making withdrawals from ATMs, the Federal bank robbery statute would not apply, because at the time of the robbery, the money belongs to and is in the possession of the customer.

However, if someone were to steal directly from an ATM, or if a bank customer were forced to drive to the bank's ATM and withdraw funds from his account, the DOJ says a Federal crime has occurred.

On Aug. 22, 2025, Oklahoma City and Moore Police say a suspect broke into and stole from two drive-thru ATMs, one in each city.

In United States v. Lankford, the DOJ said a break-in or attempted break-in of such a machine would violate the law, because the ATM, like a night depository, is part of "any building used in whole or in part as a bank."

Because the crimes occurred on bank property, both instances would amount to a Federal crime. However, if the ATMs were not on bank property, either inside a grocery store or a gas station, for example, the statute would not apply.

If the theft occurred at a location other than a bank, the DOJ says the retailer—not the bank—would be considered the victim, since independent retailers own or lease the machines and are responsible for loading them with cash.

The DOJ says an important distinction is this example, though, if money is obtained by the fraudulent use of a bank card, the transaction may be regarded as a Federal crime.