Is carjacking an aggravated violation of the unlawful driving and taking of a motor vehicle?

California, United States of America


The following excerpt is from People v. Montero, 48 Cal.App.4th 1524, 56 Cal.Rptr.2d 303 (Cal. App. 1996):

In fact, the carjacking statute is a hybrid of robbery and unlawful vehicle taking. " '[C]arjacking' ... is nothing more than an aggravated violation of the unlawful driving and taking of a motor vehicle as defined in Vehicle Code section 10851. The carjacking offense omits the 'driving' element of Vehicle Code section 10851 and adds to it the element of securing the vehicle from the immediate presence of the victim ... by force or fear. The intent requirement is the same as for a violation of Vehicle Code section 10851, requiring an intent to permanently deprive, or the intent to temporarily deprive. [p] ... [p] This court rejects appellant's claim [that] carjacking is just another type of robbery and appellant's analogy to the robbery/grand theft auto cases. Carjacking is not a necessarily lesser included offense to robbery, or vice versa...." (People v. Dominguez (1995) 38 Cal.App.4th 410, 418-419, 45 Cal.Rptr.2d 153, fn. omitted.)

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