(1) “Carjacking” means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If in the course of committing the carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) An act shall be deemed “in the course of committing the carjacking” if it occurs in an attempt to commit carjacking or in flight after the attempt or commission.
(b) An act shall be deemed “in the course of the taking” if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events.
History.—s. 1, ch. 93-212.
Structure Florida Statutes
Chapter 812 - Theft, Robbery, and Related Crimes
812.0145 - Theft From Persons 65 Years of Age or Older; Reclassification of Offenses.
812.0147 - Unlawful Possession or Use of a Fifth Wheel.
812.0155 - Driver License Suspension as an Alternative Sentence for a Person Under 18 Years of Age.
812.016 - Possession of Altered Property.
812.017 - Use of a Fraudulently Obtained or False Receipt.
812.019 - Dealing in Stolen Property.
812.0191 - Dealing in Property Paid for in Whole or in Part by the Medicaid Program.
812.0195 - Dealing in Stolen Property by Use of the Internet.
812.022 - Evidence of Theft or Dealing in Stolen Property.
812.025 - Charging Theft and Dealing in Stolen Property.
812.035 - Civil Remedies; Limitation on Civil and Criminal Actions.
812.037 - Construction of Ss. 812.012-812.037.
812.052 - Certain Purchases Prohibited.
812.061 - Larceny; Return of Property to Owner; Procedure.
812.131 - Robbery by Sudden Snatching.
812.135 - Home-Invasion Robbery.
812.14 - Trespass and Larceny With Relation to Utility Fixtures; Theft of Utility Services.
812.145 - Theft of Copper or Other Nonferrous Metals.
812.146 - Civil Liability of Owner of Metal Property.
812.15 - Unauthorized Reception of Communications Services; Penalties.
812.16 - Operating Chop Shops; Definitions; Penalties; Restitution; Forfeiture.
812.173 - Convenience Business Security.
812.174 - Training of Employees.