California Criminal Jury Instructions (CALCRIM) (2017)
967. Shooting at Unoccupied AircraftDownload PDF
967.Shooting at Unoccupied Aircraft (Pen. Code, § 247(a))
The defendant is charged [in Count ] with shooting at an
unoccupied aircraft [in violation of Penal Code section 247(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant willfully and maliciously shot a ﬁrearm;
2. The defendant shot the ﬁrearm at an unoccupied
<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 commits an act willfully when he or she does it willingly or on
Someone acts maliciously when he or she intentionally does a wrongful
act or when he or she acts with the unlawful intent to disturb, defraud,
annoy, or injure someone else.
[An aircraft is an airplane or other craft intended for and capable of
transporting persons through the air.]
[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.]
New January 2006; Revised February 2012
The court has a sua sponte duty to give this instruction deﬁning the elements of
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.
CALCRIM No. 966, Shooting at Uninhabited House or Unoccupied Motor Vehicle.
• Elements. Pen. Code, § 247(a).
•Firearm Deﬁned. Pen. Code, § 16520.
• Malicious Deﬁned. Pen. Code, § 7(4).
• Aircraft Deﬁned. Pen. Code, § 247.
• Willful Deﬁned. Pen. Code, § 7(1); In re Jerry R. (1994) 29 Cal.App.4th
1432, 1438 [35 Cal.Rptr.2d 155] [in context of Pen. Code, § 246].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the
Person, § 51.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.01[i] (Matthew Bender).
Willfully and maliciously discharging a laser at an occupied aircraft that is in
motion or ﬂight is a separate crime. (See Pen. Code, § 247.5.) It is also a crime to
willfully shine a light or other bright device at an aircraft with the intent to
interfere with the aircraft’s operation. (See Pen. Code, § 248.)
CALCRIM No. 967 ASSAULTIVE AND BATTERY CRIMES