Return to CALJIC Part 9-12 – Contents
F 9.03.2 n1 Discharging A Firearm At An Unoccupied Motor Vehicle (PC 247(b): Permission Of Owner Is Affirmative Defense.
See People v. Lam (2004) 122 CA4th 1297, 1301-03.
F 9.03.2a
Shooting At Unoccupied Motor Vehicle or Uninhabited Structure:
Requirement Of Reckless Disregard Of Probable Consequences
*Add the following element to CJ 9.03.2:
The shot[s] [was] [were] fired with:
a. the intent to hit the [unoccupied motor vehicle] [uninhabited structure], or
b. if there was no intent to hit the [unoccupied motor vehicle] [uninhabited structure] there was a reasonable likelihood that the [unoccupied motor vehicle] [uninhabited structure] would be hit and the defendant acted with conscious indifference to and reckless disregard for that likelihood.
Points and Authorities
[See FORECITE F 9.03d.]