18 U.S.C. 2119 covers taking or attempting to take a qualifying motor vehicle from another person’s presence by force, violence, or intimidation, with intent to cause death or serious bodily harm. The vehicle must have the specified interstate or foreign commerce history. [1]
Vehicle theft is not automatically carjacking
The government must prove the taking or attempt, the relationship to the victim’s person or presence, force or intimidation, and required intent. Evidence about threats, weapons, conduct, and the circumstances of the demand matters. An unattended-car theft presents a different analysis from a confrontation with its driver.
The statute has three penalty tiers
The ordinary maximum is 15 years. If serious bodily injury results, the maximum is 25 years. If death results, the statute authorizes any number of years up to life and, under the applicable legal requirements, the death penalty. A charging allegation does not itself establish the enhanced result. [1]
Additional counts can change exposure
A firearm charge under section 924(c), when its elements are met, can add separate consequences. It is not automatically included in every carjacking case. [2]
Conditional intent can satisfy the intent element
In Holloway v. United States, the Supreme Court held that the government need not prove an unconditional plan to kill or injure in every event. Intent to inflict the required harm if necessary to take the car can satisfy the statute, assessed at the relevant moment. An empty threat or bluff alone does not automatically prove that intent. [3]
Also distinguish the vehicle’s commerce history from whether the taking crossed a state line. The statute refers to a vehicle previously transported, shipped, or received in interstate or foreign commerce. A local taking can therefore present a federal question without the defendant driving across a border during the event. The current text does not make possession of a firearm an express element of section 2119 itself; a separate firearm count still needs its own proof. [1]
Preserve surveillance, location data, identification evidence, medical records, and witness accounts. Compare stolen-firearm offenses and federal property-destruction offenses to distinguish related conduct from the specific elements of carjacking.
Primary sources
Sources checked: October 31, 2026.