PC §304(B) - AGGRAVATED CARJACKING
CLASS E FELONY
(a) Definition
Aggravated carjacking is the felonious taking of a motor vehicle in the possession of another, against the other person's will, through force, fear, or intimidation, with aggravating factors such as the use of a deadly weapon, infliction of serious bodily injury, or kidnapping of the victim.
REVIEW PC 105 - KIDDNAPPING AS WELL FOR MATCHING CRITERIAS ON THE CRIME.
(b) Elements of the Offense
The following elements must be met to constitute aggravated 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 or intended to be accomplished through force, fear, or intimidation.
Aggravating factors such as the use of a deadly weapon, infliction of serious bodily injury, or kidnapping of the victim.
(c) Defenses
(a) It shall be a defense to a charge of aggravated 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.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
240 SECONDS OF JAIL TIME.
BOND SET
$200,000.00
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