California Penal Code §246

Shooting of Inhabited Dwelling or Occupied Vehicle

It is a crime in California to willfully discharge a firearm at an

  • Inhabited dwelling
  • Occupied motor vehicle
  • Occupied building,
  • Occupied aircraft, or
  • Inhabited house car, camper or recreational vehicle  

“Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited housecar, as defined in Section 362 of the Vehicle Code, or inhabited camper, as defined in Section 243 of the Vehicle Code, is guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for three, five, or seven years, or by imprisonment in the county jail for a term of not less than six months and not exceeding one year.”

As used in this section, “inhabited” means currently being used for dwelling purposes, whether occupied or not.

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