Carjacking- Federal
Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so …


shall be guilty of an offense against the United States.
 
The phrase “by force and violence, or by intimidation” means by either: one, the use of actual physical strength or actual physical violence or two, doing some act or making some statement to put someone in fear of bodily harm.
The “intimidation” must be caused by an act knowingly and deliberately done or a statement knowingly and deliberately made by the defendant which was done or made in such a manner or under such circumstances that would produce such a reaction or such fear of bodily harm in a reasonable person. The government need not prove actual fear on the part of any person.
The government must prove beyond a reasonable doubt, however, that Defendant knowingly and deliberately did something or knowingly and deliberately said something that would cause a reasonable person under those circumstances to be fearful of bodily harm.
 
 
18 2119 
 
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