California, United States of America
The following excerpt is from People v. Jacobs, F076948 (Cal. App. 2020):
Section 246 criminalizes the "malicious[] and willful[] discharge [of] a firearm at an . . . occupied motor vehicle . . . ." "Section 246 is a general intent crime. [Citation.] As such, the term 'maliciously' in section 246 is defined by section 7, item 4, as 'a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.' " (People v. Watie (2002) 100 Cal.App.4th 866, 879.) " 'As for all general intent crimes, the question is whether the defendant intended to do the proscribed act.' [Citation.] 'In other words, it is sufficient for a conviction if the defendant intentionally did that which the law declares to be a crime.' [Citation.]" (People v. Overman (2005) 126 Cal.App.4th 1344, 1356.)
" 'The crime of shooting at an occupied vehicle "is not limited to shooting directly at [the] occupied target." [Citation.] Rather, the applicable statute "proscribes shooting either directly at or in close proximity to an . . . 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." ' [Citation.]" (People v. Bell (2019) 7 Cal.5th 70, 109;
Page 26
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.