California, United States of America
The following excerpt is from People v. Baker, F069987 (Cal. App. 2017):
Section 246 makes it a felony to "maliciously and willfully discharge a firearm" at an occupied motor vehicle. This is a general intent crime. (People v. Overman (2005) 126 Cal.App.4th 1344, 1356.) To be liable under this section, a person need not shoot directly at an inhabited or occupied target. Instead, section 246 "proscribes shooting either directly at or in close proximity to an inhabited or occupied target under circumstances showing a conscious disregard for the probability that one or more bullets will strike the target or persons in or around it." (People v. Overman, at pp. 1355-1356, original italics.) "The defendant's conscious indifference to the probability that a shooting will achieve a particular result is inferred from the nature and circumstances of his act." (Id. at pp. 1356-1357.) Section 246 does not require a specific intent beyond the prohibited act of shooting at an occupied building or other proscribed target. "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." (People v. Overman, supra, at p. 1357, fn. omitted.)
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