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 South Carolina, carjacking is considered a serious felony offense. Under South Carolina law, specifically SC Code § 16-3-1075 (2020), carjacking occurs when a person takes a motor vehicle from another person by force and violence or by intimidation while the victim is operating or occupying the vehicle. The penalties for carjacking in South Carolina can be severe, with a conviction potentially leading to a lengthy prison sentence. If the carjacking is accomplished without great bodily harm, the person could face up to 20 years in prison. If great bodily harm occurs, the penalty increases to up to 30 years in prison. Additionally, carjacking is a federal crime under 18 U.S.C. § 2119 when the vehicle is transported across state lines. This means that if a carjacked vehicle is taken from South Carolina to another state, federal charges could also apply, potentially leading to additional federal penalties.