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 Kentucky, carjacking is considered a form of robbery and is addressed under the state's robbery statutes. Kentucky law defines robbery in the first degree as using or threatening the immediate use of physical force upon another person with the intent to accomplish theft and when the perpetrator attempts to kill or causes physical injury to any person, or is armed with a deadly weapon, or uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime. Robbery in the second degree involves similar elements but without the aggravating factors of serious physical injury or the use of a deadly weapon. Carjacking would typically fall under these statutes, depending on the circumstances of the force or threat used during the commission of the crime. Additionally, as noted, carjacking can also be prosecuted as a federal crime if the stolen vehicle is transported across state lines, which falls under the jurisdiction of federal law enforcement and is prosecuted by federal attorneys in federal court.