3.311 — ATTEMPTED CARJACKING

Violations of "Statute 3.311" results in a Class A Misdemeanor

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(a) Definitions

"Attempted Carjacking" refers to an unsuccessful attempt to unlawfully take a motor vehicle from another person using force, intimidation, or threat of violence.

(b) Elements

To establish the offense of attempted carjacking, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant took a substantial step toward unlawfully taking a motor vehicle.

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

3. The attempt was made using:

   • Force or violence; or

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

4. The defendant intended 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 attempted carjacking:

• Lack of Intent: The defendant did not intend to take the vehicle by force or threat.

• Abandonment: The defendant voluntarily ceased the attempt before committing the crime.

• Mistaken Ownership: The defendant reasonably believed they had a legal right to the vehicle.

• Consent: The owner willingly allowed the defendant to take or access the vehicle.

• Duress: The defendant was coerced or forced to commit the act under immediate threat of harm.