More California Car Jacking Overview – CPC 215 information
Car Jacking Prosecution – Penal Code Section 215
To prove that the defendant is guilty of a carjacking, the prosecution must prove that:
- The defendant took a motor vehicle that was not his or her own;
- The vehicle was taken from the immediate presence of a person who possessed the vehicle or was its passenger;
- The vehicle was taken against that person’s will;
- The defendant used force or fear to take the vehicle or to prevent that person from resisting; and
- When the defendant used force or fear to take the vehicle, he or she intended to deprive the other person of possession of the vehicle either temporarily or permanently.
The defendant’s intent to take the vehicle must have been formed before or during the time (he/she) used force or fear. An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and understand the nature of the act.
A person takes something when he or she gains possession of it and moves it some distance. The distance moved in a carjacking may be short.
An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.
Two or more people may possess something at the same time.
A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it or the right to control it, either personally or through another person.
Fear means fear of injury to the person himself or herself, or injury to the person’s family or property, or immediate injury to someone else present during the incident or to that person’s property.
A vehicle is within a person’s immediate presence if it is sufficiently within his or her control so that he or she could keep possession of it if not prevented by force or fear.
