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 Virginia, carjacking is considered a serious felony offense. Under Virginia Code § 18.2-58.1, carjacking is defined as the intentional seizure or taking of a motor vehicle from another person by force, intimidation, or threat of serious bodily harm, with the intent to permanently or temporarily deprive the person of their vehicle. This crime is punishable by a term of imprisonment of no less than 15 years and up to life. Additionally, carjacking may also be prosecuted under federal law if the vehicle is transported across state lines. The federal law against carjacking is found in 18 U.S.C. § 2119, which requires that the defendant had the intent to cause death or serious bodily harm, and it carries a potential penalty of up to life imprisonment or death if certain aggravating factors are present. It's important to note that the specific circumstances of the crime, such as the use of a weapon or injury to a victim, can influence the severity of the charges and penalties.