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 Jersey, carjacking is considered a very serious crime and is classified as a first-degree felony under the New Jersey Code of Criminal Justice (N.J.S.A. 2C:15-2). A person is guilty of carjacking if, in the course of committing an unlawful taking of a motor vehicle, they inflict bodily injury or use force upon an occupant or person in possession or control of a motor vehicle; they threaten an occupant or person in control with or purposely put them in fear of immediate bodily injury; they commit or threaten immediately to commit any crime of the first or second degree; or they are armed with, or use, or threaten the immediate use of a deadly weapon. The penalty for a carjacking conviction in New Jersey can include a sentence of 10 to 30 years in prison, with a period of parole ineligibility that may be set at or between one-third and one-half of the sentence imposed, or 5 years, whichever is greater. Additionally, carjacking is a federal crime under 18 U.S.C. § 2119 when the stolen vehicle is transported across state lines, which can lead to federal prosecution with severe penalties including imprisonment.