Carjacking
Taking a motor vehicle from another person's person or custody through force, violence, assault, or putting in fear.
Florida Statute
§ 812.133
Carjacking
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Carjacking requires a motor-vehicle taking, intent to deprive, and force, violence, assault, or fear. It is a first-degree felony; carrying a firearm or other deadly weapon makes it punishable by a term of years not exceeding life.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
No Firearm, Deadly Weapon, or Other Weapon
F.S. § 812.133(2)(b)
Carjacking committed while the offender carried no firearm, deadly weapon, or other weapon.
With Firearm or Other Deadly Weapon
F.S. § 812.133(2)(a)
Carjacking committed while the offender carried a firearm or other deadly weapon; the statute authorizes a term of years not exceeding life.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant took a motor vehicle from the person or custody of the victim.
Plain language: The vehicle was taken from the victim or from the victim's control.
- Element 2AND — Required
The State must also prove this element; force, violence, assault, and putting in fear are alternatives within it
Force, violence, assault, or putting in fear was used in the course of the taking.
Plain language: The taking involved at least one statutory force-or-fear alternative.
- Element 3AND — Required
The State must prove all of the following
The taking was with the intent to temporarily or permanently deprive the victim of the right to the motor vehicle or any benefit from it, or to appropriate the motor vehicle to the defendant's own use or to the use of a person not entitled to it.
Jury Instructions
Jury Instructions
Instruction 15.2
Carjacking
Florida Standard Jury Instruction for F.S. § 812.133.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Motor vehicle
A motor vehicle is an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or another vehicle operated on Florida roads to transport persons or property and propelled by power other than muscular power; statutory exclusions apply.
In the course of the taking
The act occurs in an attempt to commit the taking, during the taking, or in flight after the attempt or commission. The taking must be part of a continuous series of acts or events.
Additional Notes
Additional Notes
Quick Reference
Confirm the motor vehicle was taken from the victim's person or custody, the intent to deprive, and the applicable force-or-fear theory. Both statutory tracks are first-degree felonies.
Weapon Track
Carrying a firearm or other deadly weapon in the course of carjacking changes the penalty track to a first-degree felony punishable by a term of years not exceeding life. The no-firearm, deadly-weapon, or other-weapon track remains a first-degree felony.