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 North Dakota, carjacking is not defined as a separate offense but is covered under the state's robbery statutes. According to North Dakota Century Code (NDCC) 12.1-22-01, robbery involves the taking of property from the person of another or in the person's presence, against his will, by force or by putting the person in fear of immediate injury to any person. Therefore, if an individual uses force or the threat of force to take control of a vehicle with the victim present, it would be considered robbery, which is a Class B felony. Additionally, carjacking becomes a federal crime under the Hobbs Act if the vehicle is transported across state lines. This federal jurisdiction typically comes into play when the carjacking has an impact on interstate or foreign commerce, such as when a stolen vehicle is moved from one state to another.