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 Oregon, carjacking is not defined as a separate offense but is covered under the state's robbery statutes. Robbery in Oregon is classified into degrees, with Robbery in the First Degree being the most serious. This involves the use of a dangerous weapon, causing injury, or using or attempting to use a deadly weapon. Robbery in the Second Degree involves the use of force or intimidation to take property from the person or presence of another. Carjacking would typically fall under these categories, depending on the circumstances of the crime. Additionally, if a carjacked vehicle is transported across state lines, it becomes a federal offense under the Hobbs Act or the Federal Carjacking statute (18 U.S.C. § 2119), which requires proof of intent to cause death or serious bodily harm or the use of force, violence, or intimidation to take a motor vehicle from the person or presence of another with the intent to cause death or serious bodily harm.