Carjacking is a type of robbery in which the criminal uses force or the threat of force to take possession and control of an automobile—usually when the victim is inside or near the automobile. Carjacking laws vary from state to state, and are usually located in a state’s penal code. Carjacking is also a federal crime when the stolen vehicle is transported, shipped, or received in interstate or foreign commerce (generally, transported across state lines).
In Texas, carjacking is not defined as a separate offense but is covered under the state's robbery and aggravated robbery statutes. According to the Texas Penal Code, robbery is considered a second-degree felony and occurs when someone intentionally or knowingly causes bodily injury to another or threatens or places another in fear of imminent bodily injury or death while committing theft. Aggravated robbery, which is a first-degree felony, includes the same elements as robbery but also involves the use of a deadly weapon or causes serious bodily injury, or the victim is a disabled person or an individual who is 65 years of age or older. If a carjacking involves crossing state lines, it can also be prosecuted as a federal crime under the Hobbs Act or other federal statutes that address motor vehicle theft and interstate transportation of stolen vehicles.
