Shooting
Penal Code section 246
Statute
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.
Intent
"[Penal Code section 246] proscribes shooting either directly at or in close proximity to an inhabited or occupied target under circumstances showing a conscious disregard for the probability that one or more bullets will strike the target or persons in or around it. "(People v. Overman (2005) 126 Cal.App.4th 1344, 1360.)
The act of shooting “at” an inhabited or occupied target was defined in People v. Chavira (1970) 3 Cal.App.3d 988, 83 Cal.Rptr. 851 (Chavira ). There, the defendant and his associates fired several shots at persons “congregated in front of, and on the driveway leading to” an inhabited dwelling. (Id. at p. 993, 83 Cal.Rptr. 851.) The defendant argued that the evidence was insufficient to support his section 246 conviction, because he did not fire “at” the dwelling but “at” persons outside it. (Id. at p. 992, 83 Cal.Rptr. 851.) The court rejected this argument, noting that “[d]efendant and his associates engaged in a fusillade of shots directed primarily at persons standing close to a dwelling.” (Id. at p. 993, 83 Cal.Rptr. 851, fn. omitted.) On this basis, the court reasoned, “[t]he jury was entitled to conclude that they were aware of the probability that some shots would hit the building and that they were consciously indifferent to that result. That is a sufficient ‘intent’ to satisfy the statutory requirement [of section 246].”
Lesser included offense
PC246.3 is LIO of PC246. (People v. Overman (2005) 126 Cal.App.4th 1344, 1360.)