For a charge of Carjacking, what must be present during the crime?

In a carjacking charge, one of the key elements is that the victim must be in lawful possession of the vehicle at the time of the crime. This requirement underscores the fact that carjacking involves the unlawful taking or attempted taking of a vehicle from someone who has the legal right to possess it. If the victim is not lawfully possessing the vehicle, then the act would not meet the legal criteria for carjacking, as there would be no legitimate owner or possessor from whom to unlawfully take the vehicle.

This element distinguishes carjacking from other forms of vehicle theft, as it emphasizes that the crime is not just about the vehicle itself, but also about the interaction with the owner or possessor. Lawful possession ensures that the crime is viewed in the context of an encounter with another person, elevating the seriousness of the offense and the potential for violence or intimidation involved, which are characteristic of carjacking.