(1) Whoever shall knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means shall take a motor vehicle from another person's immediate actual possession shall be guilty of carjacking.
(a) A person who is convicted of carjacking shall be fined not more than Five Thousand Dollars ($ 5,000.00) and be committed to the custody of the State Department of Corrections for not more than fifteen (15) years.
(b) A person who is convicted of attempted carjacking shall receive the same punishment as the person who is convicted of carjacking.
(2) Whoever commits the offense of carjacking while armed with or having readily available any pistol or other firearm or imitation thereof or other dangerous or deadly weapon, including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade, razor, blackjack, billy, or metallic or other false knuckles, or any object capable of inflicting death or serious bodily harm, shall be guilty of armed carjacking.
(a) Any person who is convicted of armed carjacking shall be fined not more than Ten Thousand Dollars ($ 10,000.00) and be committed to the custody of the State Department of Corrections for not more than thirty (30) years.
(b) Any person who is convicted of attempted armed carjacking shall receive the same punishment as the person who is convicted of armed carjacking.
(3) Any person convicted of a second or subsequent offense under this section shall be fined an amount up to twice that otherwise authorized and shall be imprisoned for a term up to twice the term otherwise authorized. SOURCES: Laws, 1993, ch. 471, § 3, eff from and after passage (approved March 27, 1993).