113
Carjacking crimes
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Whoever, with the intent to cause death or serious bodily
injury, 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, commits an offense. 18
U.S.C.A. §
2119 (West Supp. 1995).
The interstate commerce nexus is established by the movement
of the vehicle
in interstate or foreign commerce. To establish a nexus with
interstate commerce
it should be necessary to prove only that the motor vehicle
traveled at some time
in interstate or foreign commerce, such as the vehicle was
manufactured in
another state or that it was ever transported across state lines.
Cf.
Scarborough v. United States, 431 U.S. 563, 577, 97 S. Ct.
1963, 1970, 52
L. Ed. 2d 582 (1977).
The penalties are stiff for those who violate this law.
Carjackers face
imprisonment for up to fifteen years. If serious bodily injury
results, the
defendant may be sentenced to a term of up to twenty-five years
imprisonment.
If death results, the defendant may be sentenced to life in prison
or the death
penalty. 18 U.S.C.A. § 2119(3) (West Supp. 1995).
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