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 New Mexico, carjacking is considered a serious criminal offense and is addressed under the state's robbery statutes. Specifically, it falls under the category of armed robbery if a weapon is used, or robbery if force or intimidation is employed without a weapon. New Mexico Statutes Annotated (NMSA) 1978, Section 30-16-2 defines robbery as the theft of anything of value from the person of another or from their immediate control, by use of force or fear. When a carjacking involves the use of a deadly weapon, the penalties are more severe under NMSA 1978, Section 30-16-2. Additionally, under federal law, carjacking becomes a federal crime when the stolen vehicle is transported across state lines, as per the Federal Carjacking Prevention Act, which can lead to federal charges with potentially harsher sentences.