Miss. Code Ann. § 97-3-117 defines carjacking as “knowingly or recklessly, by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means taking a motor vehicle from another person’s immediate actual possession.” .
To obtain a conviction for the charge of carjacking, the prosecution must show that, 1) a vehicle was forcibly or sneakily taken; 2) from another person; and; 3) that the other person was in immediate possession of the vehicle when it was taken
However, the first requirement does not necessarily require that the car be taken through a violent act or even through fear and intimidation. If the defendant took control of the vehicle while the owner was pumping gas, the first requirement is applicable.
The victim does not necessarily have to be in the car to be convicted of car jacking. In the Mississippi case of Young v. State, a husband and wife were washing their cars at a local car wash. As the couple was washing the husband’s car, the defendant took the keys from the wife and took her car parked in the next bay. The defendant was charged with carjacking. His defense to the charge was that the wife was not actually inside of the vehicle and not in “immediate possession” of the vehicle. So, therefore, the actual crime of carjacking did not occur. The court held that “we cannot agree that the legislature intended the statute be construed so literally as to mean that a person commits a carjacking only when an individual is physically inside the vehicle.” Young v. State, 962 So.2d 110 (Miss.Ct.App.2007).
A conviction of carjacking carries a fine of up to $5,000 and up to 15 years incarceration. Miss. Code Ann. § 97-3-117 (1) (a).
Mississippi statute further holds that anyone convicted for attempted carjacking will receive the same punishment as an actual carjacking . Miss. Code Ann. § 97-3-117 (1) (b).
If someone is convicted twice of armed robbery in connection with a carjacking or even for simple carjacking the punishment doubles. A second offense of armed carjacking could result in 60 years incarceration Miss. Code Ann. § 97-3-117 (3).
The use of a dangerous or deadly weapon, including imitations of deadly weapons, will enhance the crime of carjacking into Armed Carjacking. Miss. Code Ann. § 97-3-117 (2), A conviction for armed carjacking can result in increased penalties. The fine for armed carjacking can be as high as $10,000 in fines and up to 30 years in prison. Miss. Code Ann. § 97-3-117 (2) (a).
