3.312 — AGGRAVATED CARJACKING
Violations of "Statute 3.312" results in a Class B Felony
(a) Definitions
"Aggravated Carjacking" refers to the unlawful taking of a motor vehicle from another person by force, intimidation, or threat of violence under circumstances that elevate the offense to a higher degree of severity.
(b) Elements
To establish the offense of aggravated carjacking, the prosecution must prove beyond a reasonable doubt the following elements in addition to those required for a standard carjacking charge:
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.
The carjacking involved one or more of the following aggravating factors:
The use or discharge of a deadly weapon.
The infliction of serious bodily injury or death upon the victim.
The victim was restrained, kidnapped, or held hostage during the offense.
The offense was committed against a vulnerable individual (e.g., elderly, disabled, or minor).
The defendant has prior convictions for violent felonies.
(c) Defenses
A defendant may raise the following defenses against a charge of aggravated 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 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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