Florida Statutes

Fla. Stat. § 812.133 (2025)

Carjacking.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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812.133 Carjacking.—

(1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) An act shall be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.

(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.

History.—s. 1, ch. 93-212.

Arrestable Offenses under F.S. 812.133

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§812.133(2a)ROBBERYCARJACKING WITH FIREARM OR WEAPONF · 1st

§812.133(2b)ROBBERYCARJACKING WITHOUT FIREARM OR WEAPONF · 1st

Notes of Decisions

Cited in 79 cases (2 in the last 5 years), 1995–2025 · leading case: Cruller v. State, 808 So. 2d 201 (Fla. 2002).

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Cruller v. State, 808 So. 2d 201 (Fla. 2002). · cites it 11× “" § 812.133, Fla. Stat. Pursuant to the statutory analysis under section 775.”

Young v. State, 141 So. 3d 161 (Fla. 2013). · cites it 10× “We further conclude that Young’s actions constitute a carjacking under section 812.133, Florida Statutes (2009).”

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). · cites it 4× “§ 812.133(3)(a), Fla. Stat. (2015). As a final example, Chapter 810, Florida Statutes, proscribes the crime of burglary, and classifies a burglary as a higher-degree offense if “in the course of committing the offense” the offender is or becomes armed, or commits an assault or…”

Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009). · cites it 9× “” § 812.133(1), Fla. Stat. (2007). Section 812.”

State v. Williams, 776 So. 2d 1066 (Fla. 4th DCA 2001). · cites it 4× “[2] Section 812.133, Florida Statutes (2000) provides: (1) "Carjacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor…”

Deleon v. State, 66 So. 3d 391 (Fla. 2d DCA 2011). · cites it 5× “§ 812.133, Fla. Stat. (2008) (emphasis added).”

Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014). · cites it 6× “See § 812.133(2)(a), Fla. Stat. (1993). Appellant’s allegation that this was a newly created offense is false.”

State v. Robinson, 873 So. 2d 1205 (Fla. 2004). · cites it 2× “See § 812.133, Fla. Stat. (1999). Further, the circumstances of his crime concededly lacked any sexual component.”

Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009). · cites it 3× “§ 812.133(1), Fla. Stat. (2007). If, in the course of committing the carjacking, the offender carried a firearm or other deadly weapon, the offense is a felony of the first degree.”

Brooks v. State, 969 So. 2d 238 (Fla. 2007). “See § 812.133(1)-(2)(a), Fla. Stat. (1997). The court placed him on four years' probation.”

Lovett v. State, 781 So. 2d 466 (Fla. 5th DCA 2001). · cites it 6× “1997); § 812.133, Fla. Stat. (1999). By jumping on the hood of her car, Niekloy was attempting, albeit unsuccessfully, to prevent Lovett from taking her car.”

Delgado v. State, 71 So. 3d 54 (Fla. 2011). · cites it 4× “" § 812.133(1), Fla. Stat. (2010). [8] Section 827.”

Show all 79 citing cases →

— 812.133(1) — 22 cases

Cruller v. State, 808 So. 2d 201 (Fla. 2002). “" § 812.133, Fla. Stat. Pursuant to the statutory analysis under section 775.”

Brooks v. State, 969 So. 2d 238 (Fla. 2007). “See § 812.133(1)-(2)(a), Fla. Stat. (1997). The court placed him on four years' probation.”

Delgado v. State, 71 So. 3d 54 (Fla. 2011). “" § 812.133(1), Fla. Stat. (2010). [8] Section 827.”

Young v. State, 141 So. 3d 161 (Fla. 2013). “We further conclude that Young’s actions constitute a carjacking under section 812.133, Florida Statutes (2009).”

Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009). “§ 812.133(1), Fla. Stat. (2007). If, in the course of committing the carjacking, the offender carried a firearm or other deadly weapon, the offense is a felony of the first degree.”

— 812.133(2)(a) — 18 cases

Cruller v. State, 808 So. 2d 201 (Fla. 2002). “" § 812.133, Fla. Stat. Pursuant to the statutory analysis under section 775.”

Jacobs v. State, 162 So. 3d 29 (Fla. 4th DCA 2014). “See § 812.133(2)(a), Fla. Stat. (1993). Appellant’s allegation that this was a newly created offense is false.”

Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002).

Ward v. State, 730 So. 2d 728 (Fla. 1st DCA 1999).

— 812.133(2)(b) — 10 cases

State v. Williams, 776 So. 2d 1066 (Fla. 4th DCA 2001). “[2] Section 812.133, Florida Statutes (2000) provides: (1) "Carjacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor…”

Burns v. State, 170 So. 3d 90 (Fla. 1st DCA 2015).

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018).

McClendon v. State, 689 So. 2d 412 (Fla. 1st DCA 1997).

Spencer v. State, 780 So. 2d 321 (Fla. 1st DCA 2001).

— 812.133(3)(a) — 1 case

Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015). “§ 812.133(3)(a), Fla. Stat. (2015). As a final example, Chapter 810, Florida Statutes, proscribes the crime of burglary, and classifies a burglary as a higher-degree offense if “in the course of committing the offense” the offender is or becomes armed, or commits an assault or…”

— 812.133(3)(b) — 6 cases

Young v. State, 141 So. 3d 161 (Fla. 2013). “We further conclude that Young’s actions constitute a carjacking under section 812.133, Florida Statutes (2009).”

Carter v. State, 23 So. 3d 1238 (Fla. 4th DCA 2009). “” § 812.133(1), Fla. Stat. (2007). Section 812.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-06., 260 So. 3d 941 (Fla. 2018).

Baptiste-Jean v. State, 979 So. 2d 1091 (Fla. 3d DCA 2008).

Burns v. State, 170 So. 3d 90 (Fla. 1st DCA 2015).

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