Criminal Law

969. Permitting Someone to Shoot From Vehicle

The defendant is charged [in Count ______] with permitting someone to shoot from a vehicle.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant was the (driver/ [or] owner) of a vehicle;

2. The defendant permitted someone to shoot a firearm from the vehicle;

3. The defendant knew that (he/she) was permitting someone to shoot a firearm from the vehicle;


4. The other person shot the firearm from the vehicle.

[A vehicle owner who permits someone else to shoot a firearm from the vehicle is guilty even if the owner is not in the vehicle when the shooting happens.]

[A vehicle is a device by which people or things may be moved on a road or highway. A vehicle does not include a device that is moved only by human power or used only on stationary rails or tracks.]

[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.]

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction defining the elements of the crime.

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.

Related Instructions

CALCRIM No. 968, Shooting From Motor Vehicle.


Elements. Pen. Code, § 12034(b).

Firearm Defined. Pen. Code, § 12001(b).

General Intent Crime. People v. Laster (1997) 52 Cal.App.4th 1450, 1468 [61 Cal.Rptr.2d 680].

Vehicle Defined. Veh. Code, § 670.

Secondary Sources

1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the Person, § 50.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes Against Order, §§ 144.01[1][i], 144.03[2] (Matthew Bender).

(New January 2006)