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1110

Carjacking Statute

The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:

    Whoever, possessing a firearm ... 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 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.

On September 13, 1994, § 2119 was amended to read as follows:

    Whoever, with intent to cause death or serious bodily harm 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 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 (emphasis added to highlight the 1994 changes to the statute).

[cited in USAM 9-60.1000]