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 Massachusetts, carjacking is considered a serious felony offense. Under Massachusetts General Laws Chapter 265, Section 21A, a person is guilty of carjacking if they use force or threat of force to seize control of a motor vehicle from the person in possession of it. The law also covers instances where the perpetrator intentionally confines, injures, or puts any person in fear for the purpose of stealing a motor vehicle. The penalty for a carjacking conviction can be severe, including imprisonment in the state prison for not more than 15 years or in a house of correction for not more than 2.5 years, and a fine of not more than $15,000. If a firearm is used during the carjacking, the penalties can be even more severe. Additionally, as carjacking is also a federal crime, if the stolen vehicle is transported across state lines, the perpetrator can be prosecuted under federal law, which may result in additional penalties.