Carjacking
Statute
FLORIDA STATUTE 812.133 Carjacking.--
- "Carjacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
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- If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the
carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life
imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
- If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other
weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
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- An act shall be deemed "in the course of committing the carjacking" if it occurs in an attempt to commit
carjacking or in flight after the attempt or commission.
- An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or
subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or
events.
Jury Instruction
To prove the crime of Carjacking, the State must prove the following three elements beyond a reasonable doubt :
- (Defendant) took the motor vehicle from the person or custody of (victim).
- Force, violence, assault, or putting in fear was used in the course of the taking.
- The taking was with the intent to temporarily or permanently [deprive (victim) of [his] [her] right to the motor vehicle or any benefit from it] [appropriate the motor vehicle of (victim) to [his] [her] own use or to the use of any person not entitled to it].
Definition.
“In the course of the taking” means that the act occurred before, during, or after the taking of the motor vehicle and that the act and the taking of the motor vehicle constitute a continuous series of acts or events.
Title to motor vehicle.
In order for a taking of the motor vehicle to be carjacking, it is not necessary that the victim be the actual owner of the motor vehicle. It is sufficient if the victim has the custody of the motor vehicle at the time of the offense.
Force. Give if applicable.
The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of carjacking resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear, there must be some resistance to make the taking one done by force or violence.
Victim unconscious. Give if applicable.
It is also carjacking if a person, with intent to take the motor vehicle from a victim, administers any substance to the victim so that [he] [she] becomes unconscious and then takes the motor vehicle from the person or custody of the victim.
Enhanced penalty. Give if applicable.
If you find the defendant guilty of the crime of carjacking, then you must further determine beyond a reasonable doubt if “in the course of committing the carjacking” the defendant carried some kind of weapon. An act is “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.
With a firearm or deadly weapon.
If you find that the defendant carried a firearm or other deadly weapon in the course of committing the carjacking, you should find [him] [her] guilty of carjacking with a firearm or deadly weapon.
With no firearm or weapon.
If you find that the defendant carried no firearm or weapon in the course of committing the carjacking, but did commit the carjacking, you should find [him] [her] guilty only of carjacking.
The only enhancement under the statute is for carrying a firearm or other deadly weapon, not for carrying a nondeadly weapon as in the robbery statute.
Definitions.
A “firearm” is defined as (adapt from § 790.001(6), Fla. Stat., as required by allegations).
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
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