Carjacking and similar violent crimes have been on the rise across the United States. Even in Utah it is a major public safety concern and anyone that follows the news knows this. Police are often called after the car jacking has already taken place and the suspect/s are long gone leaving the victim without a car at best, at worst innocent law abiding citizens are injured or killed by the criminal suspect in the act of robbing them of their vehicle. Sometimes the victim will comply with the robbers’ forceful and or fearful demands, hoping the robber will show mercy on them if they comply but this does not always end well even if a victim is totally compliant. 

It takes a great deal of mental preparation, skill with your carry gun and mindset training to handle violent encounters, so the confrontation you can successfully avoid will always be your best course of action!  It will be solely your decision how to best act if you become a victim of a robbery. Under Utah law section 76-2-402,  a person is justified in using any force necessary, (including deadly force), to prevent a carjacking. As an example, On May 2, 2015 Fox news interviewed Orem Police administration in which they hailed a concealed carry citizen a hero for saving a woman from a carjacking, which resulted in the carjacker being shot and killed by a private citizen legally carrying, that story can be found by searching under Orem car jacking suspect shot and killed.

The Utah legislature does not use the term “carjacking” but they describe it under the Utah Criminal Code 76-6-301 (Robbery) and Utah 76-6-302 (Aggravated Robbery) both of which are (forcible felonies) which can be found under Utah Criminal Code (force in defense of person-forcible felony defined) 76-2-402. 

Utah law states in relevant part a person commits a “car-jacking” aka aggravated robbery, if that person unlawfully and intentionally takes or attempts to take an operable vehicle in your possession, (you are in it) or if the vehicle is in your immediate presence, (near you) against your will, by means of force or fear and with a purpose or intent to permanently or temporarily deprive you of the vehicle. This also applies to any property taken from you in this manner and is not limited to vehicles. Under paragraph 2, it also says in relevant part if a person uses force or fear of immediate force while in the act of committing, attempting to commit, or immediately after a theft has occurred is also robbery, One example:  let’s say a shoplifter runs out of a store with merchandise and the security guard is assaulted or threatened with force while being chased that shoplifter could turn a misdemeanor theft into a robbery by using force during the theft.

I found some recent Utah cases of Car jackings which I will list below.  

December 1, 2021:  West Valley City, Utah two young adult males, (late teens, early twenties) carjacked a woman’s car at the West Valley Costco and crashed into a home nearby. No further suspect information was provided to the public, even though the media reported there was video evidence of the crime. Suspects were still on the run as of this article.

October 30, 2021: Taylorsville, Utah A woman attempted a carjacking of an occupied vehicle while she was being pursued by law enforcement. Officer’s were able to arrest the woman during the attempted carjacking. Great job Taylorsville PD!!

September 10, 2021:  Clearfield, Utah Suspect Joseph Manard age 31, carjacked a woman’s car at gunpoint and shot her car window out after she resisted his demands to steal her car. The woman decided to let the suspect steal her car after her window was shot out.  The suspect fled in the stolen vehicle and was later killed by police after he committed a second crime of a home invasion of a nearby home in Farmington, holding 5 hostages at gunpoint, (another article coming on defense of your home.)

September 13, 2021: Provo, Utah, Suspect William Jerome Ellison carjacked a man’s vehicle at knife point. The suspect had served time in prison for homicide prior to the carjacking incident. I am not sure why he was let out of prison, but it is not surprising.

May 5th, 2015: Orem,  Utah 

A 31 year old male and legal Utah Concealed Carry permit holder, shot and killed a carjacking suspect who was attempting to steal a woman’s car. This man drew his pistol on the suspect to stop the carjacking and the suspect lunged at him, resulting in the good guy firing his weapon, and killing the suspect. The Orem Police hailed this man as a hero adding he did the right thing and was acting within Utah laws of self defense.

Each of these Utah carjacking cases were likely 1st degree felony cases of aggravated robbery. The crime of robbery becomes aggravated robbery simply because operable and occupied motor vehicles are being stolen, robbery or aggravated robbery, in all cases each and every one of these are forcible felonies under Utah law.

So to summarize, car jackings are the crime of aggravated robbery, (a forcible felony). A robbery becomes aggravated robbery when an operable motor vehicle is being stolen. Under Utah criminal code (76-2-402) as amended 5/14/2019 force in defense of persons, a person is permitted to use any use of force, including deadly force to prevent a car jacking, or to prevent any other forcible felony from occurring.  The following crimes are also forcible felonies under current Utah law; Aggravated assault, mayhem, murder, aggravated murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, aggravated sexual abuse of a child and aggravated sexual abuse of a child, arson, robbery and burglary as defined in title 76 chapter 6 offenses against property. Section B includes any other felony offense that involves the use of force or violence against an individual that poses a substantial danger of death or serious bodily injury. Burglary of a vehicle is not a forcible felony unless that vehicle is occupied at the time of the crime. 

I Hope this article helps those that want to know what their legal rights are under Utah law.  

  Stay safe and stay informed,

Phil Snyder/ 0(Retired Unified Police Officer of Salt Lake

Utah BCI concealed firearms Instructor