Public-domain · open source
OpenJurist

Cal. Penal Code § 247

Assault and Battery

Applied in 4 court decisions — leading case 69 Cal. App. 4th 140 - Nguyen v. PROTON TECHNOLOGY CORP. (1999)

Most recently applied in Milton Garcia v. Loretta E. Lynch (June 2016)

Amended by Stats. 1988, Ch. 911, Sec. 2

How often courts cite this section

199720002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony.

(b) Any person who discharges a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house is guilty of a public offense punishable by imprisonment in the county jail for not more than one year or in the state prison. This subdivision does not apply to shooting at an abandoned vehicle, unoccupied vehicle, uninhabited building, or dwelling house with the permission of the owner.

As used in this section and Section 246 “aircraft” means any contrivance intended for and capable of transporting persons through the airspace.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.