Carjacking Laws and Penalties

Carjackings are violent felony offenses. A study of recent crime trends shows that carjackings have increased by 89% since 2018. Although these numbers are much lower than in the 1990s, the recent increase has been alarming, especially in large cities. More than half of carjackings involve a firearm and more than a quarter result in harm to a victim.

Below we review state and federal laws and penalties on carjackings.

What Is Carjacking?

Carjacking involves stealing or attempting to steal a vehicle by use of intimidation, threats, force, or violence against another. It's a robbery offense and is considered a crime of violence. An analysis looking at data from 2018 to 2022 shows that nearly 9 in 10 carjackings involved a weapon.

State Carjacking Laws

Some states have specific carjacking laws. Other states call the offense "vehicular hijacking" or "hijacking of a motor vehicle." A number of states don't have a separate carjacking or vehicular hijacking statute, but rather, this offense falls under the crime of robbery. Robbery has the same elements as carjacking, but it applies broadly to any type of property (not just vehicles).

While state definitions vary somewhat, the elements of carjacking are (1) stealing or attempting to steal a vehicle (2) from a person or in the presence of a person (3) by use of intimidation, threats, force, or violence.

Federal Carjacking Offense

Federal law also has a carjacking statute. However, in addition to the elements listed above, federal prosecutors must prove that the carjacker committed the offense with the intent to cause serious bodily harm or death to another.

A Crime of Opportunity

Carjackings are crimes of opportunity. To avoid being victimized, take precautions and stay vigilant. Common carjacking locations include residential driveways, parking lots and garages, gas stations, ATMs, and stop-light intersections.

What Are the Penalties for Carjacking?

States impose felony penalties for carjacking. It's a felony under federal law as well. But the penalties vary significantly from jurisdiction to jurisdiction, ranging from a few years to life in prison. In California, for instance, a carjacker can receive a prison sentence of 3, 5, or 9 years (although enhancements may increase this sentence). But many states impose maximum prison sentences that range closer to 15 to 30 years.

State laws often increase the possible punishment for armed carjackings, carjackings that result in injuries, and carjackings where a child or vulnerable victim was in the car. Mandatory minimum sentences may also apply.

Federal Penalties for Carjacking

The federal penalties for carjacking start with a maximum 15-year prison sentence. However, a carjacker who causes substantial bodily injuries to a victim will face up to 25 years of prison time. If death results, the defendant could receive a life or death sentence.

State Penalties for Carjacking

State penalties for carjackings vary depending on the circumstances of the offense.

Armed vs. Unarmed Carjackings

Just like armed versus unarmed robberies, many states have two degrees or offense levels for armed versus unarmed carjackings. In some states, the penalties double for armed carjackings. Below are some examples.

Florida. Florida makes both armed and unarmed carjackings felonies of the first degree. However, the maximum penalty for unarmed carjacking is 30 years of prison time, while armed carjackings carry a possible life sentence.

Illinois. Vehicular hijacking is a class 1 felony in Illinois, with penalties of 4 to 15 years in prison. The crime becomes aggravated vehicular hijacking and a class X felony when the defendant is armed with a dangerous weapon. Class X felonies carry 6 to 30 years of prison time. But judges must tack on 15 years to a defendant's sentence if they were armed with a firearm.

Missouri. Missouri makes vehicular hijacking a class B felony, punishable by 5 to 15 years of prison time. Armed vehicular hijacking is a class A felony with penalties of up to 30 years or life in prison. This class A felony covers vehicular hijackings where the defendant is armed or threatens the use of a deadly weapon or what appears to be a deadly weapon.

Carjackings Resulting in Victim Injuries

Like the federal statute, states may impose harsher punishments when a carjacking victim is injured.

Louisiana. In Louisiana, a convicted carjacker faces 5 to 20 years in prison. If the victim suffers substantial bodily harm, the minimum sentence increases to 20 years and the maximum goes up to 30 years.

Minnesota. Carjacking resulting in bodily harm becomes a first-degree offense in Minnesota. The maximum prison sentence doubles from 10 to 20 years.

South Carolina. Carjacking carries a possible 20-year prison sentence in South Carolina. The maximum penalty increases to 30 years if someone suffers great bodily injury.

Other Aggravating Factors for Carjacking Penalties

Some states impose harsher penalties for repeat carjackings. Georgia, for instance, increases the maximum sentence by five years for each first, second, or subsequent hijacking of a motor vehicle. Even if a state doesn't have increased penalties specific to repeat carjackings, habitual offender enhancements may apply for repeat felonies or crimes of violence. California makes carjacking a "strike offense" for purposes of its two- and three-strikes law.

Carjacking a vehicle with a small child in it or from a vulnerable adult could also result in steeper penalties. Missouri imposes class A felony penalties for carjackings where a child or special victim was present in the vehicle. Illinois is another state that increases the punishment for carjackings involving vulnerable victims. And many states allow judges to consider vulnerable victims as an aggravating factor when doling out sentences.

Defenses to Carjacking Charges

One possible defense to carjacking charges is that the police got the wrong person. A suspect might present an alibi defense or challenge the credibility of eyewitness testimony (mistaken identity).

Defendants might also try to poke holes in the prosecutor's case by arguing there's no proof that the defendant used threats or intimidation. If this element isn't proven, it's possible the charges could be reduced to auto theft. A defendant could also challenge the prosecution's claim that the defendant was armed or appeared to be armed. Being successful in reducing an armed carjacking to an unarmed carjacking can significantly reduce the penalties.

Can a Victim Use Deadly Force Against a Carjacker?

Most states' self-defense laws permit a victim to use deadly force against an attacker if:

• the attacker is armed, or
• the victim reasonably fears for their life.

Some states' self-defense laws go even further and add occupied vehicles to their castle doctrine laws, which may allow victims attacked in their homes or vehicles to use deadly force even if they don't fear death or imminent harm.

States' laws regarding the justified use of deadly force vary significantly. A state might allow the use of deadly force in a carjacking or robbery but add other requirements. For instance, Colorado's law allows the use of deadly force only if the offender was committing a robbery (carjacking), sexual assault, or kidnapping and the victim reasonably believed a lesser degree of force was inadequate. Consult an attorney if you have questions regarding your state's self-defense laws.

Talking to a Lawyer

Carjacking charges are very serious. A conviction for carjacking can lead to years of prison time and a record for a crime of violence. If you're facing carjacking charges or an investigation, contact a criminal defense attorney right away. Ask the court for a public defender if you can't afford a private attorney.

(Cal. Penal Code §§ 215, 667, 1192.7; Colo. Rev. Stat. § 18-1-704; Fla. Stat. § 812.133; Ga. Code § 16-5-44.1; 720 Ill. Comp Stat. 5/18-3; La. Rev. Stat. § 14:64.2; Mo. Rev. Stat. § 570.027; Minn. Stat. § 609.247; S.C. Code § 16-3-1075; 18 U.S.C. § 2119 (2025).)