In the case of carjacking, what must be true about the victim's possession of the vehicle?

In the context of carjacking, the critical factor is that the victim must be in lawful possession of the vehicle. Lawful possession means that the individual has a legal right to operate or control the vehicle at the time of the incident. This can include situations where the person is borrowing the vehicle with permission, leasing a vehicle, or is the owner of the vehicle.

Carjacking involves taking a vehicle from another person by using force or intimidation. Therefore, if the victim is not in lawful possession, the act could fall under different legal circumstances and may not meet the classification of carjacking. For instance, if the victim does not have the right to possess the vehicle, the incident might be categorized as something else, perhaps involving theft or unauthorized use, depending on the specifics.

While options like ownership might seem important, the legal matter at hand is possession. A victim does not necessarily have to own the vehicle outright to be considered lawfully in possession; they simply need to have a legal right to use it. This understanding is crucial when assessing the legitimacy of a carjacking claim.