Carjacking in Virginia
Carjacking in Virginia (Va. Code 18.2-58.1) is the intentional seizure of possession or control of another person's motor vehicle by force with the intent to permanently or temporarily deprive another person of possession or control. Carjacking is punished with 15 years up to life in prison.
Seizure of Possession or ControlAn offender must actually take possession or control of a motor vehicle from another person in order to be convicted of Carjacking in Virginia.
Motor VehicleA "Motor Vehicle" is a vehicle that is self-propelled or designed for self-propulsion. It also includes any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space. For purposes of Carjacking in Virginia, a motor vehicle does not include a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.
Force or ViolenceThe Commonwealth must prove that an offender used force or violence to take possession or control of a motor vehicle from another person who was in possession or control to convict him of Carjacking in Virginia. Violence can include partial strangulation, suffocation, striking, beating, other violence to the person, assault or otherwise putting a person in fear of serious bodily harm, threatening a person with a firearm or another deadly weapon or presenting a firearm or other deadly weapon.
IntentThe offender must have the intent to permanently or even temporarily deprive the other person of possession or control of a motor vehicle to be convicted of Carjacking in Virginia.
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