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1111

Elements of Carjacking

The elements of the original armed carjacking statute are:

    1. that the defendant possessed a firearm;
    2. that the defendant took a motor vehicle from the person or presence of another;
    3. that the defendant took a motor vehicle by force and violence or by intimidation; and
    4. that the motor vehicle had been transported, shipped, or received in interstate or foreign commerce.

The elements of the revised carjacking statute (which apply to offenses occurring on or after September 13, 1994) are:

    1. that the defendant intended to cause serious bodily harm or death;
    2. that the defendant took a motor vehicle from the person or presence of another;
    3. that the defendant took a motor vehicle by force and violence or by intimidation; and
    4. that the motor vehicle had been transported, shipped, or received in interstate or foreign commerce.

[cited in USAM 9-60.1000]