Federal Carjacking Enforcement Act

This bill lowers the threshold the government must meet to establish that a defendant committed a federal carjacking offense.

Under current law, the federal carjacking statute prohibits taking (or attempting to take) a motor vehicle from the presence of another by force and violence or intimidation, with the intent to cause death or serious bodily harm.

This bill removes the requirement that a defendant take (or attempt to take) a motor vehicle with the specific intent to cause death or serious bodily harm. Under the bill, the government need only prove that a defendant took (or attempted to take) a motor vehicle knowingly. A violation (or attempted violation) is subject to the same criminal penalties as under current law—a fine, a prison term of up to 15 years, or both.

A violation that results in death or serious bodily injury is subject to the same criminal penalties as under current law—a fine, a prison term of up to 25 years, or both—but only if the offense involves certain aggravating circumstances: (1) the motor vehicle is taken with the intent to cause death or serious bodily harm, or (2) a firearm is brandished or discharged during the offense.

Summary by the Congressional Research Service.