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Federal- Car Jacking

Statute
18 USC 2119. Motor vehicles

Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall -

  1. be fined under this title or imprisoned not more than 15 years, or both,
  2. if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and
  3. if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant took or attempted to take a motor vehicle from the person or presence of another;
  2. That the Defendant did so by force or violence or intimidation;
  3. That the motor vehicle previously had been transported, shipped, or received in interstate or foreign commerce;
  4. That the Defendant intended to cause death or serious bodily harm when the Defendant took the motor vehicle; and
  5. That death or serious bodily injury resulted from the commission of the offense.

The term “by force or violence” means the use of actual physical strength or actual physical violence.

The term “by intimidation” means the commission of some act or the making of some statement that would put a reasonable person of ordinary sensibilities in fear of bodily harm. It is not necessary for the Government to prove that the alleged victim was actually placed in fear.

The phrase “transported, shipped, or received in interstate or foreign commerce” means the movement of a motor vehicle between any place on one state and any place in another state or another country. It is not necessary for the Government to prove that the Defendant knew that the motor vehicle had moved in interstate or foreign commerce. The Government must only prove that the motor vehicle had moved in interstate or foreign commerce.

Whether the Defendant “intended to cause death or serious bodily harm” is to be judged objectively from the conduct of the Defendant as disclosed by the evidence and from what one in the position of the victim might reasonably conclude.

The term “serious bodily injury” means bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty. The term also includes knowingly causing another person to engage in a sexual act by using force against the other person.