Is shooting at a occupied building a general intent crime?

California, United States of America


The following excerpt is from People v. Hernandez, F075658 (Cal. App. 2020):

We agree with respondent that shooting at an occupied building ( 246; count 1) is a general intent crime. (People v. Mendoza (1998) 18 Cal.4th 1114, 1123.) Likewise, shooting at an unoccupied vehicle ( 247, subd. (b); count 2); assault with a firearm ( 245, subd. (a)(2); counts 3 & 4); and permitting another to shoot from a vehicle ( 26100, subd. (b); count 5) are general intent crimes because they do not require a

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mental state beyond commission of the acts proscribed by law. (See People v. Sargent (1999) 19 Cal.4th 1206, 1215 [defining general and specific intent crimes].)

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