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Carjacking is a Federal Offense
Carjacking is a Federal Offense
Carjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal offense.
Background of the Law
The term “carjacking” entered the American lexicon in the late 20th century, but the act itself is as old as automobiles. It wasn’t until the Federal Anti-Car Theft Act of 1992 (FACTA) that carjacking was recognized as a distinct federal crime. The law was enacted in response to a spate of violent carjackings, some of which resulted in the deaths of victims. Congress aimed to address this violent crime that often crossed state lines, making it a matter of federal concern.
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Current Law
The current federal statute, 18 U.S.C. § 2119, defines carjacking as the taking of a motor vehicle from another person “by force and violence or by intimidation” with the vehicle having been transported in interstate or foreign commerce.
The law has been amended since its inception to include provisions for cases where serious bodily injury or death results from the carjacking, with penalties ranging from fines to life imprisonment, or even the death penalty in the most severe cases.
The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:
Whoever, possessing a firearm … takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall þ (1) be fined under this title or imprisoned not more than 15 years or both; (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
On September 13, 1994, § 2119 was amended to read as follows:
Whoever, with intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years or both, (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both, and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both or sentenced to death (emphasis added to highlight the 1994 changes to the statute).
Prosecutorial Trends
Despite the stringent laws, there has been a noticeable decline in the number of carjacking cases prosecuted at the federal level in recent years. Several factors contribute to this trend. One significant hurdle is the requirement for prosecutors to prove beyond a reasonable doubt that the defendant intended to cause serious bodily harm or death. This intent requirement sets a high bar for federal charges and is not a prerequisite at the state level, where most carjacking cases are prosecuted.
Conclusion
In summary, while carjacking remains a serious offense under federal law, the challenges of proving intent and the intricacies of prosecutorial decision-making have led to fewer federal charges in recent years. The focus has shifted towards state-level prosecutions, where the legal requirements may be less stringent, and the practicalities of bringing a case to trial are more manageable. The evolution of carjacking laws reflects a balance between the need for harsh penalties for violent crimes and the realities of legal practice.
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