(a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
(b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect Section 211 . A person may be charged with a violation of this section and Section 211 . However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211 .
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