Executive Summary
- Bipartisan legislation introduced to update federal carjacking statutes.
- Bill removes requirement to prove intent to harm at the moment of theft.
- New standard requires proof of knowingly taking a vehicle by force.
- Endorsed by the National District Attorneys Association and police groups.
WASHINGTON – Congressmen David Kustoff (R-TN), Barry Moore (R-AL), and Henry Cuellar (D-TX) introduced the Federal Carjacking Enforcement Act in the U.S. House of Representatives on November 19, proposing significant updates to federal statutes governing the prosecution of carjacking offenses.
According to the bill’s sponsors, the legislation aims to close a specific legal loophole that currently complicates federal prosecutions. Under existing law, prosecutors are required to prove that an offender possessed the intent to cause death or serious bodily harm at the precise moment the vehicle was taken. The proposed act seeks to modify this requirement, allowing for charges to be brought if prosecutors can prove the individual knowingly took a motor vehicle by force, violence, or intimidation.
“Current federal statute makes carjacking cases difficult to prosecute,” Congressman Kustoff stated in a press release regarding the introduction of the bill. “The bill changes that by requiring prosecutors to prove that a person knowingly took a motor vehicle by force, violence, or intimidation. This change closes a loophole that has allowed violent offenders to avoid being charged and held accountable.”
Congressman Barry Moore argued that the current evidentiary standards place an undue burden on law enforcement. “Federal prosecutors shouldn’t have to read minds to put dangerous criminals behind bars,” Moore said, noting that carjackings have increased across the nation. Congressman Cuellar, a Democrat co-sponsoring the legislation, emphasized the bipartisan nature of the effort and the focus on public safety resources.
The legislation has received endorsements from the National District Attorneys Association, the Major County Sheriffs of America, the National Association of Police Organizations, and the Tennessee District Attorneys General Conference. A companion bill was reportedly introduced in the U.S. Senate by Senator Marsha Blackburn (R-TN) in May 2025.
Legislative Ramifications
The introduction of the Federal Carjacking Enforcement Act signals a legislative pivot toward streamlining federal intervention in violent crimes often handled at the state level. By shifting the burden of proof from specific intent regarding harm to the general intent of the act itself, the bill addresses a long-standing procedural hurdle cited by prosecutors. If enacted, this adjustment could significantly expand the scope of carjacking cases eligible for federal jurisdiction, providing a uniform enforcement mechanism against a crime that has seen statistical increases in various metropolitan areas.
