Penal Code 246 – Shooting at Inhabited Dwelling or Occupied

Penal Code 246 – Shooting at Inhabited Dwelling or Occupied

Penal Code Section 246 makes it unlawful for a person to willfully and maliciously discharge a firearm at an inhabited dwelling, occupied building, occupied motor vehicle, occupied aircraft, or inhabited house-car. The key elements of this offense include:

1. Discharging a firearm: The act of firing a gun or causing it to be fired.
2. At an inhabited dwelling or occupied structure: The location targeted must be a place where people are living or present, such as a house, apartment, or occupied building. It can also include occupied vehicles, aircraft, or house-cars.
3. Willful and malicious: The act must be intentional and done with a deliberate and wrongful purpose.

Penal Code Section 246 is considered a serious offense in California and is generally charged as a felony. If convicted, the potential penalties can include imprisonment in state prison for a term of three, five, or seven years.

It’s important to note that the specific circumstances of the offense, such as the presence of aggravating factors or prior criminal history, can impact the potential penalties imposed.