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 Michigan, carjacking is considered a serious felony offense. Under Michigan Penal Code Section 750.529a, a person who uses force, violence, or the threat of force to take a motor vehicle from the possessor or passenger, or to take control of a vehicle while the possessor or passenger is present, is guilty of carjacking. This crime is punishable by imprisonment for life or any term of years. As a state crime, it does not require the vehicle to be transported across state lines. However, if the stolen vehicle is transported across state lines, it can also be prosecuted as a federal crime under the Hobbs Act or other federal statutes that address motor vehicle theft and interstate commerce. This dual jurisdiction allows both state and federal authorities to prosecute carjacking offenses, depending on the circumstances of the case.