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 Wisconsin, carjacking is considered a serious crime and is addressed under the state's robbery statutes. Specifically, it falls under the category of armed robbery if a weapon is used or implied during the commission of the crime. Wisconsin Statute § 943.32 outlines the penalties for robbery, which can be enhanced if a motor vehicle is taken forcibly from a person or in their presence (carjacking). The penalties for armed robbery, which would typically apply to carjacking, include a fine of up to $100,000, imprisonment for up to 40 years, or both. Additionally, carjacking becomes a federal crime if the stolen vehicle is transported across state lines, which is governed by the Federal Motor Vehicle Theft Act. This can lead to federal charges with severe penalties, including imprisonment for up to 15 years or more, depending on the circumstances of the offense.