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Criminal charges

carjacking

Carjacking is a type of robbery in which the criminal uses force or the threat of force to take possession and control of an automobile—usually when the victim is inside or near the automobile. Carjacking laws vary from state to state, and are usually located in a state’s penal code. Carjacking is also a federal crime when the stolen vehicle is transported, shipped, or received in interstate or foreign commerce (generally, transported across state lines).

In California, carjacking is defined under California Penal Code Section 215. It is considered a felony offense and occurs when a person takes a motor vehicle from the person or immediate presence of another by means of force or fear. The use of force or fear must be with the intent to either permanently or temporarily deprive the person of the vehicle. Conviction for carjacking under state law can result in significant penalties, including imprisonment. Additionally, if a carjacked vehicle is transported across state lines, the offense may also be prosecuted under federal law, specifically under the Hobbs Act or other federal statutes that address motor vehicle theft and interstate commerce. This can lead to more severe penalties, including longer prison sentences, as federal crimes often carry stiffer penalties than state crimes.

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Criminal charges

carjacking

Individual & Family Legal Plan

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California State Code

California State Code

Criminal charges

carjacking

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