(a) As used in this Code section, the term:
(1) “Dwelling” shall have the same meaning as provided in Code Section 16-7-1.
(2) “Firearm” means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(b) A person commits the offense of drive-by shooting when he or she, while in a motor vehicle or close to the motor vehicle that was used to transport the shooter or the firearm, or both, with intent to injure another, or damage the property of another, discharges a firearm at or toward:
(1) An occupied dwelling, building, or motor vehicle;
(2) A dwelling, building, or motor vehicle such person knew or should have known to be occupied; or
(3) A person.
(c) A person convicted of the offense of drive-by shooting shall be punished by imprisonment for not less than five nor more than 20 years.