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 West Virginia, carjacking is considered a serious criminal offense and is addressed under the state's robbery statutes. While there may not be a specific statute labeled 'carjacking,' the act falls under the broader category of robbery, which is defined as the taking of property from another person by force or threat of force. West Virginia Code §61-2-12 outlines the penalties for robbery and armed robbery, which can include imprisonment and fines. The severity of the punishment depends on the circumstances of the crime, such as the use of a weapon and the level of injury to the victim. Additionally, if the carjacked vehicle is transported across state lines, it becomes a federal offense under the Hobbs Act or other federal statutes that address motor vehicle theft and interstate transportation of stolen property. This can lead to more severe penalties, including longer prison sentences and larger fines, as federal crimes are prosecuted by the United States Department of Justice.