Chapter 11 Carjacking

• Library: SC Crimes: Elements and Defenses (SCBar) (2021 Ed.)

Chapter 11 Carjacking

A. Carjacking; S.C. Code Ann. § 16-3-1075

(A) For purposes of this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) A person is guilty of the felony of carjacking who takes, or attempts to take, a motor vehicle from another person by force and violence or by intimidation while the person is operating the vehicle or while the person is in the vehicle. Upon conviction for this offense, a person must:

(1) be imprisoned not more than twenty years; or
(2) if great bodily injury results, be imprisoned not more than thirty years.

1. Elements

a. A person takes or attempts to take a motor vehicle,
b. From another person,
c. By force and violence or by intimidation, and
d. While the other person was operating the vehicle

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