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Criminal charges

carjacking

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 Montana, carjacking is not defined as a separate offense but is covered under the broader statutes related to robbery and theft. According to Montana Code Annotated (MCA) § 45-5-401, robbery involves the felonious taking of any property from the person of another or in the person's presence against his will, by means of force or fear. Therefore, if a carjacking involves the use of force or threat of force to take control of a vehicle, it would be prosecuted under this robbery statute. Additionally, theft of a motor vehicle is addressed under MCA § 45-6-301, which could also apply to carjacking incidents. On the federal level, carjacking is a crime under 18 U.S.C. § 2119 when the vehicle is taken by force, violence, or intimidation and has been transported, shipped, or received across state or international borders. Conviction for federal carjacking can result in severe penalties, including imprisonment.

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Criminal charges

carjacking

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Criminal charges

carjacking

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