Is shooting at an inhabited dwelling or a occupied motor vehicle a general intent crime?

California, United States of America


The following excerpt is from People v. Figueroa, G058368 (Cal. App. 2020):

Shooting at an inhabited dwelling or an occupied motor vehicle in violation of section 246 is a general intent crime. (People v. White (2014) 230 Cal.App.4th 305, 316.) "'[T]he act of shooting "at" a proscribed target is . . . committed when the defendant shoots in such close proximity to the target that he shows a conscious indifference to the probable consequence that one or more bullets will strike the target or persons in or around it.' [Citation.] . . . In other words, the statute does not require a specific intent to achieve a particular result (e.g., strike an inhabited or occupied target, kill or injure). [Citation.] Instead, the statute only requires a shooting under facts or circumstances that indicate a conscious disregard for the probability that one of these results will occur.' [Citation.]" (Id. at pp. 316-317.)

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