PC §304 - CARJACKING
CLASS F FELONY
(a) Definition
Carjacking is the felonious taking of a motor vehicle in the possession of another, against the other person's will, through force or fear.
(b) Elements of the Offense
The following elements must be met to constitute carjacking:
The unlawful taking or attempted taking of a motor vehicle.
The motor vehicle must be in the possession of another person.
The taking must be against the other person's will.
The taking must be accomplished through force, fear, or intimidation.
(c) Defenses
(a) It shall be a defense to a charge of carjacking if the defendant can prove that they had legal authority or permission to take the motor vehicle.
(b) Lack of intent to unlawfully take the motor vehicle or absence of force, fear, or intimidation may also serve as defenses if proven by the defendant.
Aggravated Carjacking
(a) Aggravated carjacking occurs when the carjacking involves aggravating factors such as the use of a deadly weapon, infliction of serious bodily injury, or kidnapping of the victim.
(b) Aggravated carjacking is a felony offense punishable by increased imprisonment terms and additional penalties as determined by the court.
REFER TO PC 304(B) IF THE CRIME CONSIST THE USE OF A DEADLY WEAPON.
Attempted Carjacking
(a) Attempted carjacking occurs when an individual takes steps toward committing carjacking but does not complete the act.
(b) Attempted carjacking is punishable by imprisonment in state prison for a period determined by the court, but not exceeding the penalty for completed carjacking.
REFER TO PC 304(A) IF THE CRIME WAS ATTEMPTED AND NOT FULLY COMPLETED.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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