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Offense

Carjacking

Property Offenses Involving Violence or Threat

Carjacking is the offense of taking a motor vehicle from a person by force or the threat of force while the victim or an occupant is present, a specific and violent subtype of robbery rather than an ordinary motor vehicle theft, since the defining element is the direct confrontation with, and threat to, the vehicle's occupant rather than the taking of an unattended vehicle. Many jurisdictions enacted carjacking as its own distinctly named and separately punished offense beginning in the 1990s, following a rise in reported cases and public concern that ordinary robbery or vehicle-theft statutes did not adequately capture the particular danger of a confrontation with an occupied, moving-capable vehicle. The offense is frequently graded upward when a weapon is used, when the victim or another occupant, such as a child, is injured, or when the vehicle is taken with a driver still forced to remain inside, circumstances that most statutes treat as substantially aggravating factors. Carjacking is studied within both violent-crime and vehicle-theft criminology, since it combines the confrontational risk profile of robbery with the target-selection and resale dynamics of vehicle theft, and its prevention has drawn on situational crime-prevention research into parking-lot and traffic-stop vulnerability.

Facts
Classification Code
The 1992 Act, codified at 18 U.S.C. Sec. 2119, took effect on October 25, 1992. 2
Typical Penalty
the first federal carjacking law, making it a federal crime (punishable by 15 years to life imprisonment) to use a firearm to steal "through force or violence or intimidation" a motor vehicle that had been shipped through interstate commerce. 2
Elements of Offense
Carjacking is a robbery in which a motor vehicle is taken over. In contrast to car theft, carjacking is usually in the presence and knowledge of the victim. 2
Notable Example
The Tsarnaev brothers had hijacked Meng's car, a Mercedes-Benz M-Class, and filled it with enough gas to drive to Times Square, where they were plotting their next attack. 2
Jurisdiction Variation
Some states have a specific carjacking statute. Other states do not have a specific carjacking law, and prosecute carjackers under the general robbery statute. 2
Classification
Offense Grade
Serious or Indictable Offense 1
Sources
1. Wikipedia: Carjacking
Carjacking, involving violence or threat, is a serious indictable felonyView the Source
2. Carjacking (Wikipedia)
Wikipedia
  • en.wikipedia.org/wiki/Carjacking, lead paragraph
    Carjacking is a robbery in which a motor vehicle is taken over.
  • lead section, second sentence
    Carjacking is a robbery in which a motor vehicle is taken over. In contrast to car theft, carjacking is usually in the presence and knowledge of the victim.
  • United States section, Federal Anti-Car Theft Act of 1992 subsection, codification sentence
    The 1992 Act, codified at 18 U.S.C. Sec. 2119, took effect on October 25, 1992.
  • United States section, Federal Anti-Car Theft Act of 1992 subsection, penalty clause
    the first federal carjacking law, making it a federal crime (punishable by 15 years to life imprisonment) to use a firearm to steal "through force or violence or intimidation" a motor vehicle that had been shipped through interstate commerce.
  • United States section, State law subsection
    Some states have a specific carjacking statute. Other states do not have a specific carjacking law, and prosecute carjackers under the general robbery statute.
  • In particular cities section, Boston Marathon bombing paragraph
    The Tsarnaev brothers had hijacked Meng's car, a Mercedes-Benz M-Class, and filled it with enough gas to drive to Times Square, where they were plotting their next attack.
View the Source
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