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 Hawaii, carjacking is considered a serious offense and is addressed under the state's penal code as a form of robbery. Hawaii Revised Statutes Section 708-840 defines robbery as the use of force against a person with the intent to steal something, and this would include the forceful taking of a vehicle, which is carjacking. The severity of the charge can depend on factors such as whether a weapon was used, whether anyone was injured, and the perpetrator's intent. Carjacking can lead to a first-degree robbery charge if a dangerous instrument is used, which is a Class A felony punishable by up to 20 years in prison. If the carjacking occurs without a dangerous instrument, it may be charged as second-degree robbery, a Class B felony, which can result in up to 10 years in prison. Additionally, under federal law, carjacking becomes a federal crime if the stolen vehicle is transported across state lines, which can lead to federal charges with their own set of penalties.