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 Indiana, carjacking is considered a serious criminal offense and is addressed under the state's robbery statutes. Indiana Code 35-42-5 defines robbery as taking property from another person or from the presence of another person by using or threatening the use of force or putting someone in fear. Carjacking would fall under this definition when the vehicle is taken directly from the person or presence of the owner or operator through force or threat of force. The severity of the charge can range from a Level 5 to a Level 2 felony, depending on factors such as whether a deadly weapon was used or if bodily injury occurred during the commission of the crime. On the federal level, carjacking is criminalized under 18 U.S.C. § 2119, which applies when the stolen vehicle is transported across state lines. This federal law requires that the carjacker have the intent to cause death or serious bodily harm, and convictions under this statute can result in significant prison sentences.