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 Georgia, carjacking is legally referred to as 'hijacking a motor vehicle' and is addressed under Georgia Code Title 16, Chapter 5, Article 3. It is considered a felony offense. The law stipulates that anyone who uses force, intimidation, or deception to take a motor vehicle from the person or presence of another without their consent is guilty of hijacking a motor vehicle. The penalties for a first offense can include imprisonment for a period of ten to twenty years. A second or subsequent offense can result in a punishment of imprisonment for not less than fifteen years or for life, or by death if the jury so recommends. Additionally, if the carjacking involves a firearm or weapon, the offender may face enhanced penalties. On the federal level, carjacking becomes a federal crime when the vehicle is transported across state lines, which falls under the jurisdiction of federal law enforcement and can lead to federal charges with severe penalties, including imprisonment for up to 15 years to life, depending on the circumstances of the crime.