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.