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 Dakota, carjacking is considered a serious offense and is addressed under the state's robbery statutes. South Dakota Codified Laws (SDCL) classify robbery as a felony, and the use of force or threat of force to take possession of a vehicle would fall under these statutes. While South Dakota law does not have a specific statute labeled 'carjacking,' such an act would typically be prosecuted as robbery or aggravated robbery, depending on the circumstances, such as whether a weapon was used or if the victim was injured. Additionally, under federal law, carjacking becomes a federal crime if the stolen vehicle is transported across state lines. This is governed by the Federal Motor Vehicle Theft Prevention Act, which can impose severe penalties, including imprisonment, for those convicted of carjacking with the intent to cause death or serious bodily harm, or if the act results in such harm.