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 New Hampshire, carjacking is not defined as a separate offense in the state statutes. Instead, it is prosecuted under the state's robbery laws. Robbery is defined under New Hampshire RSA 636:1 as taking property from another person by force or threat of force. When a vehicle is taken in this manner, it would be considered a robbery, which is a felony offense. The severity of the charges and penalties can increase if a weapon is used or if the victim suffers serious bodily injury. On the federal level, carjacking is a crime under 18 U.S.C. § 2119, which specifically addresses the taking of a motor vehicle from a person or presence of another by force and violence or intimidation, with the intent to cause death or serious bodily harm. The federal law applies when the vehicle is transported across state or international borders. Therefore, if a carjacking incident in New Hampshire involves the transportation of the stolen vehicle across state lines, it could be prosecuted under federal law as well.