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Cal. Penal Code § 215 (2026)

✓ current as of May 2026
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(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.

Notes of Decisions
Cited in 277 cases (102 in the last 5 years), 1995–2026 · leading case: People v. Montoya, 94 P.3d 1098 (Cal. 2004).
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People v. Montoya, 94 P.3d 1098 (Cal. 2004). · cites it 8× “Code, § 10851) is not a lesser included offense of carjacking (Pen.Code, § 215) [1] and affirmed defendant's convictions of both offenses.”
People v. Dominguez, 95 Cal. Daily Op. Serv. 7416 (Cal. Ct. App. 1995). · cites it 5× “Appellant argues the new statute defining an offense of “carjacking,” Penal Code section 215, and robbery in violation of Penal Code section 211, constitute different versions of robbery and, thus, multiple convictions of these offenses are improper since the carjacking and…”
Roberto Solorio-Ruiz v. Jefferson Sessions, 881 F.3d 733 (9th Cir. 2018). · cites it 4× “2010) (order), which squarely held that “a conviction for carjacking under California Penal Code § 215 is categorically a ‘crime of violence’ under 8 U.”
People v. Ochoa, 179 Cal. App. 4th 650 (Cal. Ct. App. 2009). · cites it 2× “— A jury convicted defendant Guillermo Ochoa of carjacking (count 1—Pen. Code, § 215, subd. (a)), [1] attempted robbery (count 2—§§ 664, 211), felon in possession of a firearm (count 3—§ 12021, subd.”
People v. Johnson, 343 P.3d 808 (Cal. 2015). · cites it 2× “I respectfully disagree with the court‘s opinion insofar as it affirms the conviction for carjacking (Pen. Code, § 215)1 and the related special-circumstance finding (§ 190.”
People v. Magallanes, 173 Cal. App. 4th 529 (Cal. Ct. App. 2009). · cites it 3× “Defendant was charged in an information with carjacking (Pen. Code, § 215, subd. (a)) and receiving stolen property (id.”
People v. Dowdell, 227 Cal. App. 4th 1388 (Cal. Ct. App. 2014). · cites it 2× “5); Count Three—carjacking (Pen. Code, § 215); and Count Four—kidnapping for robbery (Pen.”
People v. Ortega, 968 P.2d 48 (Cal. 1998). · cites it 2× “I Defendants Ernesto Ortega, Alexander Rayon, David Higuera, and Luis Avila were charged in an amended information filed September 21, 1994, with two counts of carjacking (Pen.Code, § 215), [1] two counts of second degree robbery (§ 211), and one count of grand theft of a…”
United States v. Antonio Escobar, 970 F.3d 1022 (8th Cir. 2020). · cites it 4× “” Cal. Penal Code § 215 (a). California’s carjacking offense shares nearly identical elements with robbery—a crime involving moral turpitude.”
People v. Towne, 186 P.3d 10 (Cal. 2008). “Defendant was charged with carjacking (Pen. Code, § 215, subd. (a)), 1 kidnapping (§ 207, subd.”
People v. McKinzie, 281 P.3d 412 (Cal. 2012). “1 Defendant requests judicial notice of the files and record in McKinzie v.”
People v. Valenzuela, 198 Cal. Rptr. 3d 276 (Cal. Ct. App. 4th 2016). “*696 A jury convicted Laura Reynoso Valenzuela of carjacking (Pen.Code, § 215, subd. (a) 1 ; count 1), reckless evasion of a peace officer (Veh.”
Show all 277 citing cases →
— Cal. Penal Code § 215(A) — 1 case
(HC) Castillo v. Sullivan (E.D. Cal. 2020).
— Cal. Penal Code § 215(a) — 11 cases
Roberto Solorio-Ruiz v. Jefferson Sessions, 881 F.3d 733 (9th Cir. 2018). “2010) (order), which squarely held that “a conviction for carjacking under California Penal Code § 215 is categorically a ‘crime of violence’ under 8 U.”
United States v. Antonio Escobar, 970 F.3d 1022 (8th Cir. 2020). “” Cal. Penal Code § 215 (a). California’s carjacking offense shares nearly identical elements with robbery—a crime involving moral turpitude.”
Unknown, 601 F.3d 955.
Raphaiel Moore v. Martin Biter (9th Cir. 2020).
(HC) Torres v. Ducart (E.D. Cal. 2019).
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