§2119 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Taking or trying to take a motor vehicle by force, violence, or threats from someone who is present is a federal crime when the vehicle had been moved between states or came from another country. The person must have meant to kill or to seriously hurt someone for this law to apply. "Serious bodily injury" means major physical harm (see 18 U.S.C. 1365). If no serious injury or death happens, the crime can bring a fine, up to 15 years in prison, or both. If serious bodily injury results, the penalty can be a fine, up to 25 years in prison, or both. If the victim dies, the penalty can be a fine, up to life in prison, or the death penalty.

Title 18, §2119

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, with the intent to cause death or serious bodily harm 11 So in original. Probably should be followed by a comma. takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall—

(1)be fined under this title or imprisoned not more than 15 years, or both,

(2)if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and

(3)if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Par. (2). Pub. L. 104–217 inserted “, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title” after “section 1365 of this title”. 1994—Pub. L. 103–322, § 60003(a)(14), which directed the amendment of section 2119(3) of title 18 by substituting “, with the intent to cause death or serious bodily harm” for “, possessing a firearm as defined in section 921 of this title,”, was executed by making the substitution in introductory provisions rather than in par. (3), to reflect the probable intent of Congress. Par. (3). Pub. L. 103–322, § 60003(a)(14), inserted before period at end “, or sentenced to death”.

Statutory Notes and Related Subsidiaries

Federal Cooperation To Prevent “Carjacking” and Motor Vehicle Theft Pub. L. 102–519, title I, § 101(b), Oct. 25, 1992, 106 Stat. 3384, provided that: “In view of the increase of motor vehicle theft with its growing threat to human life and to the economic well-being of the Nation, the Attorney General, acting through the Federal Bureau of Investigation and the United States Attorneys, is urged to work with State and local officials to investigate car thefts, including violations of section 2119 of title 18, United States Code, for armed carjacking, and as appropriate and consistent with prosecutorial discretion, prosecute persons who allegedly violate such law and other relevant Federal statutes.”

§2119 Motor vehicles