3.310 — CARJACKING

Violations of "Statute 3.310" results in a Class C Felony

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(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:

1. The defendant took or attempted to take a motor vehicle.

2. The motor vehicle was in the possession of another person.

3. The taking was accomplished by:

   • The use of force or violence; or

   • The threat of force, violence, or intimidation against the victim.

4. 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).