15.2. Carjacking

15.2 CARJACKING 812.133, Fla. Stat. To prove the crime of Carjacking, the State must prove the following three elements beyond a reasonable doubt: 1. [Name of defendant] took the motor vehicle from the person or custody of [name of victim]. 2. Force, violence, assault, or putting in fear was used in the course of the taking. 3. The taking was with the intent to temporarily or permanently e of victim] to the righ t to the motor vehicle or any benefit [deprive [nam otor vehicle ofe of victim] to the righ me of defendant]s own use or to the use of any person not entitled to it.] In the course of the taking means that the act occurred before, during or after the taking of the motor vehicle and that the act and the taking of the motor vehicle constitute a continuous series of acts or events. In order for a taking of property to be carjacking, it is not necessary that the victim be the actual owner of the property. It is sufficient if the victim has the custody of the property at the time of the offense. NOTE TO JUDGE: Give the following paragraphs where applicable. The taking must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting the victim in fear so that the victim does not resist. The law does not require that the victim of carjacking resist to any particular extent or that the victim offer any actual physical resistance if the circumstances are such that the victim is placed in fear of death or great bodily harm if he or she does resist. But unless prevented by fear there must be som resistance to me ake the taking one done by force or violence. It is also carjacking if a person, with intent to take the property from a victim, administers any substance to the victim so that the victim becomes unconscious and then takes the property from the person or custody of the victim. The punishment provided by law for the crime of carjacking is greater if in the course of committing the carjacking the defendant carried some kind of weapon. An act is in the course of committing the carjang ifcki it occurs in an attempt to commit carjacking or in flight after the attempt or commission. Therefore, if you find the defendant guilty of carjacking, you must then consider whether the State has further proved those aggravating circumstances and reflect this in your verdict. <<<<<<<<<********>>>>>>>>>>>>> 2 If you find that [name of defendant] carried a firearm or other deadly weapon in the course of committing the carjacking, you should find [name of defendant] guilty of carjacking with a firearm or deadly weapon. If you find that [name of defendant] carried no firearm or weapon in the course of committing the carjacking, but did commit thme of e carjacking, you should find [name of NOTE TO JUDGE: The only enhancement under the statute is for carrying a firearm or other deadly weapon, not carrying a non deadly weapon as in the robbery statute. A firearm is legally defined as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term firearm does not include an antique firearm unless the antique firearm is used in the commission of a crime. A weapon is legally defined to meany object that could be used to cause an death or inflict srious bodily harme . A weapon is a deadly weapon if it used or threatened to be used in a way likely to produce death or great bodily harm. 2