9 GCA § 37.330: In the Course of Committing Carjacking or Armed Carjacking.

An act shall be deemed “in the course of committing” the offense if it occurs in an attempt to commit the offense or flight after the attempt or commission.

Occupancy is Not a Defense.

It is no defense the defendant reasonably believed that the vehicle was unoccupied, by a person who was not a participant in the crime, at the time the carjacking or armed carjacking occurred.