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 Nebraska, carjacking is considered a serious criminal offense and is addressed under the state's robbery statutes. Nebraska Revised Statute 28-324 defines robbery as forcibly and by violence, or by putting in fear, taking property from the person of another with the intent to steal. While Nebraska law does not have a specific statute labeled 'carjacking,' the act of carjacking would fall under this general robbery statute. The severity of the charge and the potential penalties can vary based on the circumstances of the crime, such as the use of a weapon, which could elevate the offense to armed robbery. Additionally, carjacking can be prosecuted as 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, which includes the scenario where the stolen vehicle is moved from one state to another.