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SERIES 900 ASSAULTIVE AND BATTERY CRIMES

F 966 Shooting At Uninhabited House Or Unoccupied Motor Vehicle (PC 247(b))

TABLE OF CONTENTS
F 966.1 Titles And Identification Of Parties
F 966.1 Inst 1 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Title
F 966.1 Inst 2 Identification Of Prosecution And Defendant

F 966.2 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 966.2 Inst 1 Tailoring To Facts

F 966.3 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Language That Is Argumentative, Confusing, Etc.
F 966.3 Inst 1 Willfully: Argumentative
F 966.3 Inst 2 Assault: Consideration Of Whether Or Not Actual Injury Occurred

F 966.4 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Burden Of Proof Issues
F 966.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 966.5 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Elements And Definitions
F 966.5 Inst 1 Separate Enumeration Of Willfully And Maliciously Elements
F 966.5 Inst 2 Willfully: Knowledge Requirement
F 966.5 Inst 3 Shooting At Unoccupied Motor Vehicle Or Uninhabited Structure: Requirement Of Reckless Disregard Of Probable Consequences

F 966.6 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Defense Theories
F 966.6 Inst 1 Discharge Of A Firearm: Negation Of Knowledge Element

F 966.7 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Preliminary Fact Issues [Reserved]

F 966.8 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Unanimity/ Duplicity/Multiplicity [Reserved]

F 966.9 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Lesser Offense Issues [Reserved]

F 966 NOTES
F 966 Note 1 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Notes

Return to Series 900 Table of Contents.


F 966.1 Titles And Identification Of Parties

F 966.1 Inst 1 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 966.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 966.2 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Tailoring To Facts: Persons, Places, Things And Theories

F 966.2 Inst 1 Tailoring To Facts

Adapt from FORECITE F 965.2 Inst 1.


F 966.3 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Language That Is Argumentative, Confusing, Etc.

F 966.3 Inst 1 Willfully: Argumentative

See FORECITE F 860.3 Inst 7.


F 966.3 Inst 2 Assault: Consideration Of Whether Or Not Actual Injury Occurred

See FORECITE F 860.3 Inst 2.


F 966.4 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Burden Of Proof Issues

F 966.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 966.5 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Elements And Definitions

F 966.5 Inst 1 Separate Enumeration Of Willfully And Maliciously Elements

See FORECITE F 965.5 Inst 1.


F 966.5 Inst 2 Willfully: Knowledge Requirement

See FORECITE F 820.5 Inst 1.


F 966.5 Inst 3 Shooting At Unoccupied Motor Vehicle Or Uninhabited Structure: Requirement Of Reckless Disregard Of Probable Consequences

*Add the following element to CC 966:

The defendant intended to:

A. 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 965.5 Inst 3.

CALJIC NOTE: See FORECITE F 9.03.2a.


F 966.6 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Defense Theories

F 966.6 Inst 1 Discharge Of A Firearm: Negation Of Knowledge Element

See FORECITE F 965.6 Inst 1.


F 966.7 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Preliminary Fact Issues [Reserved]


F 966.8 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Unanimity/ Duplicity/Multiplicity [Reserved]


F 966.9 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Lesser Offense Issues [Reserved]


F 966 NOTES

F 966 Note 1 Shooting At Uninhabited House Or Unoccupied Motor Vehicle—Notes

See FORECITE F 965 Notes.

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