966. Shooting at Uninhabited House or Unoccupied Motor Vehicle
The defendant is charged [in Count ______] with shooting at an (uninhabited house[,]/ [or] uninhabited building[,]/ [or] unoccupied motor vehicle).
To prove that the defendant is guilty of this crime, the People must prove that:
[1.] The defendant willfully shot a firearm at an (uninhabited house[,]/ [or] uninhabited building[,]/ [or] unoccupied motor vehicle)(;/.)
<Give element 2 when consent of the owner is an issue; see Bench Notes>
[2. The defendant did the shooting without the owner's permission(;/.)]
<Give element 3 when instructing on self-defense or defense of another>
3. The defendant did not act (in self-defense/ [or] in defense of someone else).]
Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
[A house includes any (structure/garage/office/ <insert other structure>) that is attached to the house and functionally connected with it.]
[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ <insert other type of motor vehicle>).]
[A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion.]
[The term[s] (firearm/ <insert other term>) (is/are) defined in another instruction to which you should refer.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
Consent of the owner of the vehicle or building is an affirmative defense. (Pen. Code, § 247(b); People v. Lam (2004) 122 Cal.App.4th 1297, 1301 [19 Cal.Rptr.3d 431].) If there is sufficient evidence of consent, the court has a sua sponte duty to instruct on the defense. Give bracketed element 2.
If there is sufficient evidence of self-defense or defense of another, the court has a sua sponte duty to instruct on the defense. Give bracketed element 3 and any appropriate defense instructions. (See CALCRIM Nos. 3470-3477.)
Give the relevant bracketed definitions unless the court has already given the definition in other instructions. In such cases, the court may give the bracketed sentence stating that the term is defined elsewhere.
CALCRIM No. 965, Shooting at Inhabited House or Occupied Motor Vehicle.
Elements. Pen. Code, § 247(b).
Firearm Defined. Pen. Code, § 12001(b).
Motor Vehicle Defined. Veh. Code, § 415.
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the Person, § 49.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes Against Order, § 144.01[i] (Matthew Bender).
(New January 2006)