18 U.S.C. § 2119

Motor vehicles

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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.(Added Pub. L. 102–519, title I, § 101(a), Oct. 25, 1992, 106 Stat. 3384; amended Pub. L. 103–322, title VI, § 60003(a)(14), Sept. 13, 1994, 108 Stat. 1970; Pub. L. 104–217, § 2, Oct. 1, 1996, 110 Stat. 3020.)Editorial NotesAmendments

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 SubsidiariesFederal 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.”

Notes of Decisions
Cited in 1,489 cases (285 in the last 5 years), 1993–2026 · leading case: In Re: Jeffrey Smith, 829 F.3d 1276 (11th Cir. 2016).
In Re: Jeffrey Smith, 829 F.3d 1276 (11th Cir. 2016). · cites it 15× “Even assuming that Johnson invalidated § 924(c)'s residual clause, that conclusion would not assist Smith because the elements ofthe underlying conviction on which his § 924(c)conviction was based—carjacking,in violation of 18 U.”
Jones v. United States, 526 U.S. 227 (1999). · cites it 10× “This case turns on whether the federal carjacking statute, 18 U. S. C. § 2119 , as it was when petitioner was charged, defined three distinct offenses or a single crime with a choice of three maximum penalties, two of them dependent on sentencing factors exempt from the…”
United States v. Felder, 993 F.3d 57 (2d Cir. 2021). · cites it 13× “), convicting him of two counts of carjacking resulting in death, see 18 U.S.C. § 2119 (3); multiple counts of substantive and conspiratorial Hobbs Act robbery, see id.”
United States v. Diaz, 248 F.3d 1065 (11th Cir. 2001). · cites it 9× “The eleven counts included the crime of conspiracy to commit a Hobbs Act violation, a series of substantive Hobbs Act violations, a series of carjackings in violation of 18 U.S.C. § 2119 , and a series of 18 U.S.”
United States v. Figueroa-Cartagena, 612 F.3d 69 (1st Cir. 2010). · cites it 13× “Appellant Neliza Figueroa- Cartagena ("Neliza") was found guilty of aiding and abetting a carjacking that resulted in death, 18 U.S.C. § 2119 (3); conspiring to commit that carjacking, 18 U.”
United States v. Marion Promise, A/K/A Mario,defendant-Appellant, 255 F.3d 150 (4th Cir. 2001). · cites it 6× “§ 2119 , which at the time provided as follows: “Whoever, possessing a firearm as defined in section 921 of this title, 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…”
United States v. Clay, 667 F.3d 689 (6th Cir. 2012). · cites it 8× “A grand jury charged Clay with carjacking in violation of 18 U.S.C. § 2119 and brandishing a firearm during a crime of violence in violation of 18 U.”
United States v. Anthony Richard Randolph, Jr., 93 F.3d 656 (9th Cir. 1996). · cites it 21× “MICHAEL DALY HAWKINS, Circuit Judge: This appeal asks us to consider the quantum of evidence necessary to establish the intent element recently added by Congress to the federal carjacking statute, 18 U.S.C. § 2119 , namely, that a defendant possess the “intent to cause death or…”
United States v. Jamaal Evans, 848 F.3d 242 (4th Cir. 2017). · cites it 6× “The crime that we presently examine is the federal offense of carjacking, in viola *244 tion 18 U.S.C. § 2119 (the carjacking statute).”
United States v. Booker, 543 U.S. 220 (2004). · cites it 2× “18 U. S. C. § 2119 (1988 ed., Supp. V). In spite of the fact that the statute "at first glance has a look to it suggesting [that the provisions relating to the extent of harm to the victim] are only sentencing provisions," 526 U.”
United States v. Dontae Small, 944 F.3d 490 (4th Cir. 2019). · cites it 8× “2 WILKINSON, Circuit Judge: Following a six-day trial, a jury in the United States District Court for the District of Maryland found defendant-appellant Dontae Small guilty of federal carjacking, in violation of 18 U.S.C. § 2119 (1); conspiracy to commit carjacking, in violation…”
United States v. Lebron-Cepeda, 324 F.3d 52 (1st Cir. 2003). · cites it 12× “At the conclusion of a twelve-day trial, a jury convicted 'defendants-appellants José Ramón Caraballo-Gonzalez and Victor Le-brón-Cepeda of committing and aiding and abetting each other and others in the commission of a carjacking resulting in a death, see 18 U.S.C. §§ 2119 (3)…”
— 18 U.S.C. § 2119(2) — 1 case
— 18 U.S.C. § 2119(3) — 2 cases
United States v. Melendez-Rivas, 566 F.3d 41 (1st Cir. 2009).
Jones v. Sharon Credit Union (1st Cir. 2009).
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