What is the key difference between first and second degree motor vehicle hijacking?

The distinction between first and second degree motor vehicle hijacking primarily revolves around the circumstances under which the vehicle is obtained without consent. In the context of first degree motor vehicle hijacking, there are often aggravating factors such as the use of a firearm, the infliction of serious bodily injury, or the presence of other dangerous elements that elevate the crime's severity. This contrasts with second degree motor vehicle hijacking, which typically involves the unlawful taking of a vehicle without these added circumstances or levels of violence.

The option indicating obtaining the vehicle without consent is crucial because both degrees of hijacking involve this element. However, in first degree cases, the lack of consent usually occurs within a more violent or threatening context, while second degree cases may not. Thus, this option encapsulates the essence of the crime across both degrees, grounding the discussion in the fundamental aspect of consent that underlies motor vehicle hijacking laws in Georgia.