FOCL Practice Test

Under Texas law, how is a carjacking typically prosecuted?

1. Theft

2. Robbery

3. Burglary

4. Assault

The correct answer is: Robbery

In Texas, carjacking is typically prosecuted as robbery. This is due to the nature of carjacking, which involves taking a vehicle from its owner or a person in possession of it through the use of force or intimidation. Robbery is characterized by the unlawful taking of property from another person, using threats of violence or actual physical force, which aligns closely with the actions involved in carjacking. When a car is taken from an individual, especially if it involves a threat to personal safety, it elevates the crime to robbery rather than theft. Theft usually involves the unlawful taking of property without confrontation or threat of violence, which doesn't capture the aggressive aspect of carjacking. Burglary pertains to unlawfully entering a structure for the purpose of committing a crime inside, which does not apply to the context of taking a vehicle from an individual. Assault involves causing physical harm or threatening harm to a person, which, although may occur during a carjacking, does not define the crime of carjacking itself. Thus, due to the combination of the violent or threatening elements and the direct interaction with the victim, carjacking falls squarely under the category of robbery in Texas law.