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 Kansas, carjacking is considered a serious crime and is addressed under the state's robbery statutes. Kansas Statutes define robbery as the taking of property from the person or presence of another by force or by threat of bodily harm. Carjacking would fall under this definition when the vehicle is taken directly from the owner or operator using force or threat. The specific statute that would typically be applied is K.S.A. 21-5420, which outlines the penalties for robbery. The severity of the punishment can vary depending on whether a weapon was used or bodily harm was inflicted during the commission of the crime. Additionally, under federal law, carjacking becomes a federal offense if the stolen vehicle is transported across state lines, which is governed by the Federal Motor Vehicle Theft Prevention Act. This can lead to more severe penalties and the involvement of federal law enforcement agencies.