18 U.S.C. § 2119 – Carjacking

18 U.S.C. § 2119 – Carjacking

Carjacking is scary stuff. Having your car forcefully taken from you at gunpoint or knifepoint is terrifying. But did you know it’s also a federal crime? Yep, carjacking can be charged under 18 U.S.C. § 2119.

This federal law makes it illegal to take someone else’s motor vehicle by force, violence, or intimidation with the intent to cause death or serious bodily injury. It’s punishable by up to 15 years in federal prison. Yikes!

But what exactly constitutes carjacking under this law? When does it become a federal case rather than just a local crime? Let’s break it down so you understand what’s legal and what’s not.

What is Carjacking Under Federal Law?

For an act of taking a motor vehicle to be considered federal carjacking, it must meet these specific conditions according to 18 U.S.C. § 2119:

• The vehicle was transported, shipped, or received across state or national borders at some point (i.e. it has been involved in interstate or foreign commerce)
• The vehicle was taken from a person or their immediate presence
• The taking was done by force, violence, or intimidation (even attempted force or violence counts)
• The perpetrator intended to cause death or serious bodily injury

That’s a lot of specific conditions that have to be met! Let’s break them down one by one:

Interstate Commerce

The motor vehicle needs to have been transported across state lines or international borders at some point. This is what gives the federal government jurisdiction under the Commerce Clause of the U.S. Constitution. The car doesn’t have to be actively involved in interstate travel when it’s taken, just have crossed state lines previously, like being driven from the factory to the dealership before sale.

Taken from a Person

The carjacking needs to involve taking the vehicle directly from another person, or their immediate presence. For example, being carjacked at gunpoint while sitting in your parked car. If the perpetrator simply finds an unattended car with the keys inside and drives off, that doesn’t qualify as federal carjacking under this statute.

By Force, Violence, or Intimidation

There needs to be force, violence, or intimidation involved for it to qualify as carjacking. This includes verbal threats of violence like “Get out or I’ll shoot you!” Even an unsuccessful attempt at taking a car by force or intimidation counts under the law.

Intent to Cause Death or Bodily Harm

Here’s the big one – the perpetrator must have intended to cause death or serious bodily injury when they committed the carjacking. This intent is crucial in distinguishing it from ordinary auto theft. Pointing a gun at someone to steal their car would qualify, since it demonstrates intent to cause harm if they don’t comply.

Penalties and Sentencing

If convicted of federal carjacking under 18 U.S.C. § 2119, here are the potential penalties:

• Up to 15 years in federal prison
• Fine of up to $250,000
• Up to 3 years supervised release following prison

However, if serious bodily injury or death occurs during the carjacking, the available sentences increase dramatically to:

• Up to 25 years in prison if serious bodily injury occurs
• Up to life in prison if death results
• Possibility of death penalty if death results

As you can see, carjacking becomes an extremely serious federal crime if someone gets hurt or killed in the process. The penalties reflect how dangerous and threatening this criminal act can be.

Famous Cases and Precedents

There have been some high-profile carjacking cases that helped define this federal statute:

Holloway v. United States (1999)

In this Supreme Court case, the intent requirement was clarified. The Court ruled that 18 U.S.C. § 2119 requires the government to prove that the defendant had an “unconditional” intent to kill or harm when they took the vehicle. Evidence of conditional intent like “I’ll shoot if you don’t get out” doesn’t suffice.

Jones v. United States (2013)

This case determined that attaching a gun to a vehicle’s underside and later retrieving it did not constitute “use” of a firearm under 18 U.S.C. § 2119. The Court ruled that “use” required active employment of the gun, not just possession.

Taylor v. United States (2016)

Here the Court outlined what state offenses could qualify as predicate “violent felonies” under the Armed Career Criminal Act in relation to federal carjacking prosecutions. The ruling imposed limits on the use of past state convictions in enhancing federal sentences.

Defenses

If you’ve been charged with carjacking under 18 U.S.C. § 2119, there are defenses an experienced attorney can raise on your behalf to fight the charges, such as:

• Lack of intent to harm – If there is insufficient evidence you intended to seriously injure or kill the victim, this key element of the offense is lacking.
• No interstate commerce connection – If there is no evidence the vehicle itself was involved in interstate or foreign commerce, the federal nexus requirement is not met.
• Misidentification – Eyewitness misidentification is common. If the evidence suggests the witnesses incorrectly identified you as the perpetrator, this creates reasonable doubt.
• False confession – Many suspects, especially juveniles, falsely confess under the pressure of police interrogations. Expert testimony on false confessions can challenge reliability.

An experienced federal criminal defense attorney can evaluate the evidence against you and build the strongest defense to avoid a carjacking conviction. Don’t go it alone.

Conclusion

Carjacking is a scary, dangerous crime. It’s also a unique federal offense under 18 U.S.C. § 2119 due to the interstate commerce connection. Charges must be taken extremely seriously, with steep prison sentences if convicted. If you or a loved one is facing federal carjacking charges, consult with an attorney immediately about possible defenses before making any statements to police.