Penal Code 247b – Shooting at an Unoccupied Vehicle or Building

California Penal Code 247(b) makes it a crime to shoot at a;

1. an unoccupied motor vehicle
2. an uninhabited building, or
3. an uninhabited dwelling.

The offense is a felony punishable by up to 3 years in jail or prison. The Code section states that

Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.”

Penalties

Shooting at an unoccupied vehicle or building is a Wobbler offense. This means it can be charged as either a misdemeanor or a Felony.

If charged as a misdemeanor, the crime is punishable by imprisonment for up to one year in the county jail.

If charged as a felony, the crime is punishable by imprisonment in the California State Prison for up to three years.