Carjacking in Virginia (Va. Code §18.2-58.1) is basically stealing a car by force. It is the intentional seizure of a motor vehicle or seizure of control of a motor vehicle of another by violence with intent to permanently or temporarily deprive another person of possession or control.
Proof of Carjacking in Virginia
To convict an offender of carjacking in Virginia, the Commonwealth must prove intentional seizure of control or possession of a motor vehicle by violence, and the offender intended to either permanently or temporarily deprive another person of possession or control.
- Seizure: The offender must have actually obtained possession or control of the vehicle to be convicted of carjacking in Virginia under Va. Code §18.2-58.1.
- Motor Vehicle: Va. Code §46.2-100 defines “motor vehicle” as 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 under Va. Code §18.2-58.1, a motor vehicle does not include a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.
- Violence: The Commonwealth must also prove that the offender used some sort of violence against the person in control or possession of the motor vehicle to be convicted of carjacking in Virginia. The violence used 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 other deadly weapon or presenting a firearm or other deadly weapon or instrumentality. If a firearm was used in the commission of the carjacking, the offender can be charged with, and convicted of, both carjacking and use of a firearm in the commission of a felony under Va. Code §18.2-53.1. Click here for more information on use of a firearm in the commission of a felony in Virginia.
- Intent: The offender must have intent to either permanently or even temporarily deprive the person who was previously in possession or control of the motor vehicle of that possession or control.
Penalty for Carjacking in Virginia
Carjacking in Virginia under Va. Code §18.2-58.1 is punished with 15 years to life in prison.
Carjacking in Virginia and Other Criminal Charges
It is possible to be charged with, and convicted of, carjacking in Virginia and other crimes based on the same conduct.
Virginia Carjacking Statute
§18.2-58.1. Carjacking; penalty.
B. As used in this section, “carjacking” means the intentional seizure or seizure of control of a motor vehicle of another with intent to permanently or temporarily deprive another in possession or control of the vehicle of that possession or control by means of partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever. “Motor vehicle” shall have the same meaning as set forth in § 46.2-100.
C. The provisions of this section shall not preclude the applicability of any other provision of the criminal law of the Commonwealth which may apply to any course of conduct which violates this section.