(a) "Carjacking" is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear. (b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years. (c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.
(4) Any person who is convicted of a felony enumerated in this paragraph committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, be sentenced to an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greater of:
(A) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 3046, if the felony is any of the offenses enumerated in subparagraphs (B) or (C) of this paragraph.
(B) Imprisonment in the state prison for 15 years, if the felony is a home invasion robbery, in violation of subparagraph (A) of paragraph (1) of subdivision (a) of Section 213; carjacking, as defined in Section 215; a felony violation of Section 246; or a violation of Section 12022.55.
(C) Imprisonment in the state prison for seven years, if the felony is extortion, as defined in Section 519; or threats to victims and witnesses, as defined in Section 136.1.
All murder which is perpetrated by means of a destructive device or explosive, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 286, 288, 288a, or 289, or any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree. All other kinds of murders are of the second degree. As used in this section, "destructive device" means any destructive device as defined in Section 12301, and "explosive" means any explosive as defined in Section 12000 of the Health and Safety Code. To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act.
(a) (1) Except as provided in subdivisions (b) and (c), any person who personally uses a firearm in the commission or attempted commission of a felony shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of the offense of which he or she was convicted.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be 4, 5, or 10 years. The court shall order imposition of the middle term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for its enhancement choice on the record at the time of sentencing.
(Top)(a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:
(6) IC 35-42-5-2 (carjacking);
(7) IC 35-45-9-3 (criminal gang activity);
(8) IC 35-45-9-4 (criminal gang intimidation);
(a) The state may seek either a death sentence or a sentence of life imprisonment without parole for murder by alleging, on a page separate from the rest of the charging instrument, the existence of at least one (1) of the aggravating circumstances listed in subsection (b). In the sentencing hearing after a person is convicted of murder, the state must prove beyond a reasonable doubt the existence of at least one (1) of the aggravating circumstances alleged. However, the state may not proceed against a defendant under this section if a court determines at a pretrial hearing under IC 35-36-9 that the defendant is a mentally retarded individual.
(b) The aggravating circumstances are as follows:
(1) The defendant committed the murder by intentionally killing the victim while committing or attempting to commit any of the following:
(H) Carjacking (IC 35-42-5-2).
(I) Criminal gang activity (IC 35-45-9-3).
(Top)(a) In this section, "motor vehicle" has the meaning stated
in § 11-135 of the Transportation Article.
(b) (1)An individual commits the offense of carjacking when the individual
obtains unauthorized possession or control of a motor vehicle from another individual
in actual possession by force or violence, or by putting that individual in
fear through intimidation or threat of force or violence.
(2) An individual commits the offense of armed carjacking when the individual
employs or displays a deadly or dangerous weapon during the commission of a
carjacking.
(c) An individual convicted of carjacking or armed carjacking is guilty
of a felony and shall be sentenced to imprisonment for not more than 30 years.
(d) The sentence imposed under this section may be imposed separate from and
consecutive to a sentence for any other offense arising from the conduct underlying
the offenses of carjacking or armed carjacking.
(e) It is not a defense to the offense of carjacking or armed carjacking that
the defendant did not intend to permanently deprive the owner of the motor vehicle
Sections 97-3-113, 97-3-115 and 97-3-117 shall be known and may be cited as the "Mississippi Carjacking Act of 1993."
The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
"Carjacking" means taking of a motor vehicle from another person’s immediate actual possession knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means.
"Motor vehicle" includes every device in, upon or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled.
Whoever shall knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means shall take a motor vehicle from another person’s immediate actual possession shall be guilty of carjacking.
A person who is convicted of carjacking shall be fined not more than Five Thousand Dollars ($5,000.00) and be committed to the custody of the State Department of Corrections for not more than fifteen (15) years.
A person who is convicted of attempted carjacking shall receive the same punishment as the person who is convicted of carjacking.
Whoever commits the offense of carjacking while armed with or having readily available any pistol or other firearm or imitation thereof or other dangerous or deadly weapon, including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade, razor, blackjack, billy, or metallic or other false knuckles, or any object capable of inflicting death or serious bodily harm, shall be guilty of armed carjacking.
Any person who is convicted of armed carjacking shall be fined not more than Ten Thousand Dollars ($10,000.00) and be committed to the custody of the State Department of Corrections for not more than thirty (30) years.
Any person who is convicted of attempted armed carjacking shall receive the same punishment as the person who is convicted of armed carjacking.
Any person convicted of a second or subsequent offense under this section shall be fined an amount up to twice that otherwise authorized and shall be imprisoned for a term up to twice the term otherwise authorized.
(Top)A. Any person who takes any vehicle or motor vehicle intentionally and without consent of the owner is guilty:
(1) of a fourth degree felony if the vehicle or motor vehicle has a value of less than two thousand five hundred dollars ($2,500); and
(2) of a third degree felony if the vehicle or motor vehicle has a value of two thousand five hundred dollars ($2,500) or more.
B. The consent of the owner of the vehicle or motor vehicle to its taking shall not in any case be presumed or implied because of the owner’s consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.
C. The district courts are given exclusive jurisdiction to hear and try offenses prescribed under this section.
D. Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the division from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien. A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that he has taken possession of the vehicle.