Is discharging a firearm at an inhabited dwelling an inherently dangerous felony for purposes of the second degree felony-murder rule?

California, United States of America


The following excerpt is from People v. Hansen, 36 Cal.Rptr.2d 609, 885 P.2d 1022, 9 Cal.4th 300 (Cal. 1994):

[885 P.2d 1040] The majority concludes, and I agree, that the offense of discharging a firearm at an inhabited dwelling is indeed an inherently dangerous felony for purposes of the second degree felony-murder rule, because under the standard articulated in my lead opinion in People v. Patterson (1989) 49 Cal.3d 615, 627, 262 Cal.Rptr. 195, 778 P.2d 549, it is "an offense carrying 'a high probability' that death will result." This court has never held that for a felony to pose a high probability of death, death must result from the commission of the felony in a majority, or even in a great percentage, of instances. Nor is it necessary in this case to define the outer limits of that term. The drive-by shootings that now plague our cities frequently result in the death of someone inside a residence. Even with no one present in the targeted house, the act of shooting at an inhabited house or apartment creates a substantial or serious risk of death to occupants of neighboring houses or to passersby. For these reasons, I agree with the majority that this offense is an inherently dangerous felony for purposes of the second degree felony-murder rule.

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