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Virginia Code

Va. Code Ann. § 18.2-58.1 (2026)

Carjacking; penalty

✓ current as of May 2026
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A. Any person who commits carjacking, as herein defined, shall be guilty of a felony punishable by imprisonment for life or a term not less than fifteen years.

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.

1993, c. 500.

Notes of Decisions
Cited in 74 cases (11 in the last 5 years), 1994–2026 · leading case: Hilton v. Commonwealth, 797 S.E.2d 781 (Va. 2017).
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Hilton v. Commonwealth, 797 S.E.2d 781 (Va. 2017). · cites it 18× “After the Commonwealth presented its case in chief on the various charges against Hilton at his jury trial, Hilton moved to strike the Commonwealth's evidence on the charges brought against him for carjacking in violation of Code § 18.2-58.1, and use of a firearm in the…”
Brown v. Commonwealth, 559 S.E.2d 415 (Va. Ct. App. 2002). · cites it 12× “A jury convicted Brown of carjacking, in violation of Code § 18.2-58.1, and two counts of robbery, in violation of Code § 18.”
Commonwealth v. Gregg, 811 S.E.2d 254 (Va. 2018). · cites it 6× “For example, the carjacking statute, Code § 18.2-58.1, provides that "[t]he 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.”
Pressley v. Commonwealth, 679 S.E.2d 551 (Va. Ct. App. 2009). · cites it 12× “At the conclusion of the Commonwealth’s case at trial, appellant moved to strike the evidence on the grounds that the Commonwealth had not proved that the appellant had the intent to permanently or temporarily deprive Siddique of possession or control of the vehicle by means of…”
Towler v. Commonwealth, 718 S.E.2d 463 (Va. Ct. App. 2011). · cites it 2× “2, robbery, carjacking, burglary, malicious wounding as defined in § 18.2-51, malicious bodily injury to a law-enforcement officer as defined in § 18.”
Lilly v. Commonwealth, 523 S.E.2d 208 (Va. 1999). · cites it 4× “On brief and during oral argument, Lilly's counsel conceded that the untainted evidence was sufficient to sustain Lilly's convictions for these offenses. Indeed, Lilly stresses on brief that "[t]he sole issue on this remand is whether the unconstitutional admission of Mark…”
Vinson v. Commonwealth, 522 S.E.2d 170 (Va. 1999). · cites it 4× “2-48; and carjacking, in violation of Code § 18.2-58.1. The jury fixed defendant’s punishment at death for the capital offense based upon the vileness and future dangerousness predicates of the capital murder sentencing statute.”
Spencer v. Commonwealth, 592 S.E.2d 400 (Va. Ct. App. 2004). · cites it 6× “Cornelius Lorenzo Spencer appeals his conviction at a bench trial for carjacking in violation of Code § 18.2-58.1, contending the evidence was insufficient to prove beyond a reasonable *446 doubt that force was used to take the car from its owner.”
Bullock v. Commonwealth, 631 S.E.2d 334 (Va. Ct. App. 2006). · cites it 4× “1, Code § 18.2-58.1 still provides that the trial court “shall impose the entire term of confinement” required by the statute for a firearm conviction and that the court “shall not suspend in full or in part any” of that term of confinement.”
Breeden v. Commonwealth, 596 S.E.2d 563 (Va. Ct. App. 2004). · cites it 2× “2-61; use of a firearm in the commission of a felony, in violation of Code § 18.2-58.1; statutory burglary, in violation of Code § 18.”
Bell v. Commonwealth, 467 S.E.2d 289 (Va. Ct. App. 1996). · cites it 4× “1 defines carjacking as 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 .”
Hoyt v. Commonwealth, 605 S.E.2d 755 (Va. Ct. App. 2004). · cites it 2× “2-58, and three counts of use of a firearm during the commission of a felony in violation of Code § 18.2-58.1. Hoyt moved to strike the abduction and related firearm charge at the close of the Commonwealth’s case.”
Show all 74 citing cases →
— Va. Code Ann. § 18.2-58.1(A) — 4 cases
Richard Cori Harth, a/k/a Gabriella Anathema v. Commonwealth of Virginia (Va. Ct. App. 2024).
George Juan Walker v. Commonwealth of Virginia (Va. Ct. App. 2024).
Raymond Totten v. Commonwealth of Virginia (Va. Ct. App. 2024).
Justin Meyers Hodges v. Commonwealth of Virginia (Va. Ct. App. 2025).
— Va. Code Ann. § 18.2-58.1(B) — 16 cases
Brown v. Commonwealth, 559 S.E.2d 415 (Va. Ct. App. 2002). “A jury convicted Brown of carjacking, in violation of Code § 18.2-58.1, and two counts of robbery, in violation of Code § 18.”
Vinson v. Commonwealth, 522 S.E.2d 170 (Va. 1999). “2-48; and carjacking, in violation of Code § 18.2-58.1. The jury fixed defendant’s punishment at death for the capital offense based upon the vileness and future dangerousness predicates of the capital murder sentencing statute.”
Pressley v. Commonwealth, 679 S.E.2d 551 (Va. Ct. App. 2009). “At the conclusion of the Commonwealth’s case at trial, appellant moved to strike the evidence on the grounds that the Commonwealth had not proved that the appellant had the intent to permanently or temporarily deprive Siddique of possession or control of the vehicle by means of…”
Christopher Parris Cabral v. Commonwealth of Virginia, 815 S.E.2d 805 (Va. Ct. App. 2018).
Pressley v. Com., 679 S.E.2d 551 (Va. Ct. App. 2009).
— Va. Code Ann. § 18.2-58.1(C) — 4 cases
Commonwealth v. Gregg, 811 S.E.2d 254 (Va. 2018). “For example, the carjacking statute, Code § 18.2-58.1, provides that "[t]he 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.”
Brown v. Commonwealth, 559 S.E.2d 415 (Va. Ct. App. 2002). “A jury convicted Brown of carjacking, in violation of Code § 18.2-58.1, and two counts of robbery, in violation of Code § 18.”
Cedric F. Clarke, s/k/a Cedric Francois Clarke v. Commonwealth of Virginia (Va. Ct. App. 2009).
Jeffrey Austin Barron v. Commonwealth (Va. Ct. App. 2003).
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