People V. Lopez

The crime of carjacking requires the "felonious taking" of a motor vehicle. (Pen. Code, § 215.) *fn1 Similarly, the crime of robbery requires the "felonious taking" of personal property. (§ 211.) California courts, following common law, have long held that the "taking" element of robbery requires that a defendant gain possession of the victim's property and asport or carry it away. (See People v. Cooper (1991) 53 Cal.3d 1158, 1165 (Cooper); Perkins & Boyce, Criminal Law (3d ed. 1982) § 2, pp. 343-344 (Perkins).) Does the felonious taking element of the crime of carjacking, like robbery, require asportation or movement of the motor vehicle? We conclude that it does. Because the Court of Appeal came to a contrary decision, we reverse that court's judgment.