3.310 — CARJACKING
Violations of "Statute 3.310" results in a Class C Felony
(a) Definitions
"Carjacking" refers to the unlawful taking of a motor vehicle from another person by force, intimidation, or threat of violence.
(b) Elements
To establish the offense of carjacking, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant took or attempted to take a motor vehicle.
The motor vehicle was in the possession of another person.
The taking was accomplished by:
The use of force or violence; or
The threat of force, violence, or intimidation against the victim.
The defendant had the intent to permanently or temporarily deprive the owner or possessor of the vehicle.
(c) Defenses
A defendant may raise the following defenses against a charge of carjacking:
Lack of Force or Threat: The vehicle was taken without the use of force, intimidation, or threats.
Consent: The owner willingly allowed the defendant to use or take the vehicle.
Mistaken Ownership: The defendant reasonably believed they had a legal right to the vehicle.
Duress: The defendant was coerced or forced to commit the act under immediate threat of harm.
Necessity: The defendant took the vehicle to prevent imminent danger (e.g., medical emergency).
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