California Car Jacking Law
California has a law specifically relating to carjacking. It is in California Penal Code Section 215. This code defines the offense in basic terms. The legislature also has established a maximum penalty for the crime, garnering attention through the national media.
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Code Specifications
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The California code states that carjacking is the unlawful taking of someone else's car with the means of fear or force. The code directly relates to violent and forceful carjacking events where a person uses a weapon or the threat of harm to obtain possession of a vehicle.
Significance
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The penal code also outlines court sentences and jail time for this crime. They are three, five or nine years. The length of confinement depends on the crook, his criminal record and the degree of the crime. The judge considers all factors when handing down a sentence. The penal code only outlines terms that apply to the offense, it does not state which types of offenses earn a specific sentence.
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Carjacking vs. Robbery
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This law is similar to California's penal code 211, which has similar wording but refers to the offense of robbery. This code is broader because it covers thefts of not just vehicles, but property, money and personal belongings. The carjacking code relates strictly to the act of carjacking and the taking of a vehicle from someone by force.
Car Theft vs. Carjacking
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Car theft differs from the car jacking offense because this occurs when someone is not inside the car. It often does not involve the use of force, a weapon or intimidation. In many cases, a car theft occurs when the vehicle owner is unaware of the occurring offense. Therefore, a theft does not involve the fear factor. That is one of the main differences between the two codes.
Considerations
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Carjacking is a serious offense because it involves not just theft of property but an act of force and violence. While a robbery sentence also involves intimidation and fear, it carries a term of three, four or six years. This difference clearly shows California is tougher on carjacking than on robbery.
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References
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