ST PAUL, Minn. — Minnesota lawmakers this year established carjacking as a distinct offense in the state's criminal laws, but the sentencing levels are yet to be finalized.
Republicans had long sought a mandatory minimum prison sentence of five years for carjackers, but the omnibus public safety bill passed by the DFL majority set no minimum sentence for the new crime. It set a maximum sentence of 20 years for 1st Degree Carjacking offenses.
The Minnesota Sentencing Guidelines Commission is leaning towards setting the punishment for 1st Degree Carjacking at the same level as aggravated robbery, which is taking something with force or a deadly threat.
That's a severity level of eight in the state's sentencing grid, with penalties ranging from 2-10 years depending on the offender's criminal history. Level eight offenses all have mandatory prison time under law.
Conservatives argue carjacking should be treated as more serious than traditional aggravated robbery, with punishment that takes into consideration the chaos and mayhem that carjackers create after getting control of the vehicle. They say the new law may allow for better law enforcement tracking of carjacking as a separate crime but does nothing to dissuade would-be jackers.
"There's this sport mentality by some in our community to either carjack or steal a car, and then do whatever you want," David Zimmer, a policy fellow at the conservative think tank Center of the American Experiment, told the guidelines commission during a Thursday meeting the State Capitol. "Flee the police, drive through red lights and T-bone innocent people."
Kelly Lynn Mitchell, who chairs the sentencing commission, said those other crimes surrounding a carjacking - fleeing police, crashing into other cars, stealing cars with children still in them - are all separate offenses that would be tacked onto the carjacking charge. Each of those crimes would come with its own sentence.
"We are really trying to tease out what actions carjacking represents, how serious that is in relation to other ways you might be able to commit aggravated robbery," Mitchell remarked.
She noted that being held up at gunpoint can be traumatizing to any victim, whether they're stealing a vehicle or something else with the threat of bodily harm or death.
"Somebody might be held up at gunpoint, their property might be taken by force, both are very traumatic events, we talked about that when we chose the ranking that we did."
During Thursday's hearing the panel heard from Sen. Warren Limmer, the Maple Grove Republican who tried to get a five-year minimum sentence built into the law.
"Stealing a car with deadly threat is so much more than simply taking someone’s property without permission," Sen. Limmer said.
The panel also heard from Afton Democrat Judy Seeberger, the lead author of the carjacking provisions in the public safety bill.
"I thought it was important we recognize the offense for what it is and we call it what it is, and that is the legislative intent the bill," Seeberger explained. "We think the sentencing in the bill speaks for itself."
Commission member Michelle Larkin, who serves as a judge on the Minnesota Court of Appeals, said it wasn't clear to her why the legislature would create a new crime that fits the facts of aggravated robbery and carries the same maximum sentence as aggravated robbery. She asked Sen. Seeberger what is the point of establishing a new crime type if the punishment is not going to be more severe.
Seeberger responded, "We think the sentencing in the bill speaks for itself. It does allow folks to track carjacking as a whole through the state which can lead to further legislation down the line."
The sentencing panel is comprised of several judges, a prosecutor, a police officer, a public defender, a probation officer, a victims' advocate, the state corrections commissioner and members of the public. They will set recommended punishment within ranges set by the legislature.
The commission will make a final decision on carjacking sentences at its next meeting, on Thursday, July 27 at the Dept. of Corrections offices in St. Paul.
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