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va code shooting into occupied vehicle

You reasonably believed that you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully; You reasonably believed that you needed to fire a gun to defend against that danger; and. It shall be unlawful for any person to intentionally and unlawfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, inhabited mobile home, inhabited travel trailer, or inhabited . Should you intentionally discharge a firearm at an inhabited dwelling or at an occupied motor vehicle or building, then your conduct comes under PC 2461, an offense commonly targeted at gang members. hide caption. Virginia also makes it a felony to willfully fire a weapon in public defined as on a city street, in a public business, or a place of public gathering when shooting it results in someone being injured. 7; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. ([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. 18.2-280. See also Penal Code 18 PC Punishment for felony not otherwise prescribed; alternate sentence to county jail, endnote 43, above. This sectioncovers the act of shooting atinhabitedhouses (or other residences), house cars and campers. All rights reserved. (a) Any person who willfully or wantonly discharges or attempts As a result, it may be worth your while to try to get PC 246 charges reduced to PC 246.3 negligent discharge of a firearm chargesparticularly if the facts are not clear as to whether you were truly firing at a building or vehicle. At an inhabited dwelling means that you shot the firearm directly at the dwelling or close enough to it so that the risk of someone being injured was high. If any such act is committed unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony and, in the event of the death of any such person, resulting from such unlawful act, the person so offending is guilty of involuntary manslaughter. Any person who maliciously shoots at, or maliciously throws any missile at oragainst, any train or cars on any railroad or other transportation company orany vessel or other watercraft, or any motor vehicle or other vehicles whenoccupied by one or more persons, whereby the life of any person on suchtrain, car, vessel, or other watercraft, or in such motor vehicle or othervehicle, may be put in peril, is guilty of a Class 4 felony. Same. Even though Chucks ex-girlfriend is currently in Hawaii, she is still using it as her home, which means it is inhabited. So Chuck is violating Penal Code 246 PC. However, if the homicide is willful, deliberate, and premeditated, he is guilty of murder in the first degree. Local Phone: (540) 343-9349. The statutes related to discharging a firearm include some specific exemptions. Police shared on Facebook that one child riding his bike was hit and bloodied after local teens shot at him with a gel-ball gun. CBS affiliate WJHL-TV said Thursday that "Brown's attorney signed off on a $25,000 bond agreement" and that . If any person commits a violation of this section by maliciously or unlawfully shooting, with a firearm, at a conspicuously marked law-enforcement, fire, or emergency medical services vehicle, the sentence imposed shall include a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence. PC 664 addresses the sentence and penalties for an attempted crime. Discharging certain barreled weapons or a firearm into occupied property. After they are released, they will be taken to the Blue Ridge Regional Jail. Below ourcriminal defense attorneysexplain the elements and penalties of this law. bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet 16133 Ventura Blvd A man and woman who were victims have since been treated and released. On the Orbeez website, the manufacturer is advertising a new playset product based off the Orbeez Challenge on TikTok it seems unaware of the negative turn the viral trend has taken. If you were unfamiliar with firearms or were scared or confused, you may have fired accidentally. Ardrius Kendrick Dews, 25, of Lynchburg, has been charged with Malicious Wounding (two counts), Use of a Firearm in the Commission of a Felony, Possess Firearm by a Convicted Felon, Shooting into an Occupied Vehicle, Reckless Handling of a Firearm, and Discharging a Firearm in the City of Lynchburg. Virginia Code 18.2-286.1 makes it a Class 5 felony for anyone inside of a motor vehicle to intentionally shoot a gun so that other people are put at risk of injury or death, or reasonably fear theyre at risk of injury or death. Police say the victim involved in that incident was uninjured. 1. personally and intentionally discharge a firearm at an inhabited dwelling or occupied structure, and. (c) If a person violates this section and the violation results It is illegal to possess, Read More California Felon With A Firearm LawsContinue, Your email address will not be published. 7; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. Any person who, while in or on a motor vehicle, intentionally discharges a firearm so as to create the risk of injury or death to another person or thereby cause another person to have a reasonable apprehension of injury or death shall be guilty of a Class 5 felony. other conveyance, device, equipment, erection, or enclosure while it is You can explore additional available newsletters here. First degree attempted murder involves premeditation. Code, 415(a) A motor vehicle is a vehicle that is self-propelled. . According toBakersfield criminal defense attorneyNeil Shouse33: Lack of criminal intent, or accident, can be a helpful defense to charges of shooting at an inhabited house or occupied vehiclebut only in certain cases. It is not uncommon for people to be falsely accused of firing a gun at a house or vehicle. 18-3317. ]), Same. Penal Code 246 PC Shooting at inhabited dwelling house, occupied building, vehicle, or aircraft, or inhabited housecar or camper; punishment, endnote 1, above. If any person commits a violation of this section by maliciously orunlawfully shooting, with a firearm, at a conspicuously markedlaw-enforcement, fire or rescue squad vehicle, ambulance or any otheremergency medical vehicle, the sentence imposed shall include a mandatoryminimum term of imprisonment of one year. It does not mean that someone needs to be inside at the time of the shooting.16. hide caption. Office Address: 30 Franklin Rd SW Ste 200, Roanoke VA 24011-2411. The defendant willfully and maliciously shot a rearm;[AND]2. Virginia specifically spells out offenses related to shooting at or inside a school building, or on school grounds, in a couple of statutes. 2003). In our experience, some of the most commonly helpful defenses are: You are not guilty of shooting at a house or occupied structure if you were acting in self-defense (or defense of someone else).30. Implications and Californias Three Strikes law. The enhancement is to be served consecutively, meaning that once your sentence of 3, 5 or 7 years under PC 246 is completed, you then begin serving the 25 years to life. Defendants charged with shooting a firearm at an inhabited dwelling or occupied structure frequently see their sentence increased by one of Californias sentencing enhancements. The degree of felony depends on whether or not the shooting was malicious. So if you are accused of firing from a vehicle at another (occupied) vehicle, or at an occupied building or inhabited dwelling, you could face charges under both California Penal Code 246 and California Penal Code 26100. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This field is for validation purposes and should be left unchanged. Under Penal Code 246 PC, shooting at an inhabited dwelling or occupied vehicle is the crime where people discharge a firearm at an: Peachtree City Police Department She regularly appears on CNN, Fox News, HLN & CBS News to provide legal insight on various legal topics. 9 Overview Of Penal Code 21510 PC PC 21510 makes it clear that it is illegal to possess or carry a, Read More 8 Must-Know Legal Facts About Carrying A SwitchbladeContinue, What is important to understand with laws regarding negligent dishcharge of a firearm is firing a gun in celebration, to show off or to demonstrate how the gun operates can be a criminal offense under California Penal Code 246.31, which punishes anyone who negligently discharges a firearm, BB or pellet gun2. 1.). Specifically, if you: then you will face an additional and consecutive sentence of twenty-five (25) years to life in state prison.23. Same. 18.2-82 This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Virginia. The defendant shot the rearm at an (inhabited house/inhabitedhouse car/inhabited camper/occupied building/occupied motorvehicle/occupied aircraft)(;/.) When no one is injured, it's a Class 1 misdemeanor with penalties of up to 12 months in jail and/or a maximum $2,500 fine. Chapter 5 - Crimes Against Property Code of Virginia 18.2-154 - Shooting at or throwing missiles, etc., at train, car, vessel, etc. felony. (a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. hide caption. held that the offense of discharging a firearm into an occupied vehicle can be committed intentionally, knowingly, recklessly, or with criminal negligence. 3. What are the penalties for a 246 PC conviction? Disclaimer: These codes may not be the most recent version. 14-34.1. In the context of firing the gun within the context of PC 246 and attempting to murder someone, you face a sentencing enhancement under PC 12022.53. We disagree.), Penal Code 29800 PC Felon with a firearm. PC 246 shooting at an occupied building or car is a felony in California. per second into any building, structure, vehicle, aircraft, watercraft, or Deputies tracked down the van and charged an 18-year-old and two 17-year-olds with battery. Create a Website Account - Manage notification subscriptions, save form progress and more. Code 1950, 18.1-66, 18.1-152; 1960, c. 358; 1975, cc. operation is guilty of a Class D felony. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Both additional suspects are receiving treatment for injuries at a hospital. Possession of one under any circumstances is a criminal violation under Penal Code Section 21510. Or maybe you had no idea the gun was loaded when you pulled the trigger.. The sentence can be much longer if a victim is injured or killed. (b)Motor vehicle does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. 4.2. In addition, defendants charged with shooting at a dwelling or vehicle often face sentences that include thePenal Code 186.22 PC gang sentencing enhancement. Watch this video to understand how prosecutors approach these charges. Many drive-by shootings are wobblers, with misdemeanor sentences up to one (1) year and felony sentences ranging from sixteen (16) months to three (3) years. 18.2-308.2:3 Criminal Background Check Required for Employees of a Gun Dealer to Transfer Firearms. This defense applies if all of the following are true: Example: Mike sees a coyote jump a neighbors fence, where a child is playing. When the shooting was unlawful, but not malicious, the offense is a Class 6 felony, punishable byup to five years in prison and/or a maximum $2,500 fine. Idaho Statutes. Example: After being laid off from her job, Jessica goes there at four in the morning when she knows no one is there and shoots at the restaurants sign with a shotgun. 2.2. Call our Fort Lauderdale criminal defense attorneys today to learn more about how we can help. If any person, in the commission of, or attempt to commit, felony, unlawfully shoot, stab, cut or wound another person he shall be guilty of a Class 6 felony. Spin Master, the manufacturer of Orbeez, told NPR in a statement, "Children's product safety is paramount at Spin Master, and we are committed to providing children and their families with the highest quality toys, games and activities. If you did know the gun was loaded and decided to fire it anyway at the inhabited dwelling or occupied car or building, then you did display malicious intent. ([A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ ).]). If youve been charged with a crime related to discharging a firearm in Virginia, the experienced criminal defense attorneys at Copenhaver, Ellett & Derrico can help evaluate the details of your case and your options. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Shooting, etc., in committing or attempting a felony. Two additional suspects charged in Lynchburg apartment shootings, Body of man reported missing from local hospital found in Salem, Appalachian Power Ready To Respond To Outages After Bad Weather, New Information About 12-year-old's death in Lynchburg, Bridging the Great Health Divide Across the US, PublicFileAccess@wdbj7.com - (540) 344-7000. Submit a Law Firm Client Review. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. This generally means that you fired the weapon by accident or had no knowledge that the firearm was loaded. If you commit a gun offense, including PC 246, and you have a felony conviction on your record, even if it was expunged, you have committed another felony called Felon with a Firearm by the act of merely possessing a firearm in any manner. The 18-year-old was also charged with two counts of contributing to the delinquency of a minor. This includes a camper or even a car equipped so that someone can live there. As afelony, you could be incarceratedin state prison for 2, 3, or 4 years and a fine up to $10,000 for using a generic firearm. This toy gel-ball gun was collected from a 19-year-old who shot an Amazon delivery driver in Deltona, Fla., with Orbeez balls. They will be familiar with the most common legal defenses and plea bargain strategies for defendants accused of firing at an occupied dwelling or vehicle. And the discharge of the firearm was directed at an inhabited dwelling, such as a house, boathouse or car house; You had the reasonable belief that you or someone else was in imminent danger of suffering physical harm or of, You had the reasonable belief that firing a gun was necessary to protect yourself or the other person from imminent harm, You used no more force than necessary to defend yourself, Possible formal probation as an alternative to state prison or county jail time or in conjunction with some time spent incarcerated in county jail, A strike on your record pursuant to Californias three strikes law, If you are not a US citizen, you face the potential of, You willfully or intentionally fired or discharged a firearm, And did so that someone was at risk of injury or death. Police learned Amos-Dixon fired several times into the vehicle that Chung and her child occupied as they tried to leave. occupied is guilty of a Class E felony. If any such act be done unlawfully, but not maliciously, the person so offending is guilty of a Class 6 felony; and, in the event of the death of any person resulting from such unlawful shooting or throwing, the person so offending is guilty of involuntary manslaughter. Eastern District of Virginia District Court, Prince William County Virginia Courthouse, Law Office of Samuel C. Moore, PLLC526 King St., Suite 506Alexandria, Virginia 22314email: [emailprotected]phone: 703.535.7809fax: 571.223.5234, 2023 The Law Office of Sanuel L Moore, PLLC | Document Retention | Advertising & Terms | Privacy & Cookie Policy. 4987, 1901; ss. Definition Of Carrying An Unloaded Firearm In Public The elements of openly carrying an unloaded firearm are: You carried a handgun That was unloaded, Read More Openly Carrying An Unloaded Firearm Under California Penal Code 26350Continue, Assault with a firearmis a serious offense under California law that can result in substantialstate prisontime and astrike on your criminal record. Police say evidence points to two groups of people shooting at each other in a parking lot at the apartments. DUI arrests don't always lead to convictions in court. shooting at an inhabited dwelling or occupied vehicle - PC 246, assault with a deadly weapon - PC 245a1, and; reckless driving - VC 23103. The Peachtree City Police Department said it is pursuing criminal charges against anyone caught firing the guns at another person on city property. If the Commonwealth prove that you did so unlawfully but not maliciously, this is a Class 6 Felony, punishable by up to 5 years incarceration, and/or a fine of up to $2,500. If there was malice present in other words if the shooting was done in an evil or vicious state of mind the offense is a Class 4 felony, punishable byup to 10 years in prison and a fine of up to $100,000. If it was an assault weapon, machine gun or .50 BMG rifle, it is 4, 8 or 12 years. firearm into occupied property. shooting at an unoccupied vehicle or uninhabited dwelling can be prosecuted under Penal Code 247b. But in fact, in the context of California law on shootingat an inhabited dwelling or occupied structure, it does. There are a few defenses available to anyone charged under PC 246: A common defense that is used is one of self-defense. (Jones asserts that, because his possession of the gun was incidental to and simultaneous with the primary offense of shooting at an inhabited dwelling, section 654 precluded the imposition of sentence on both offenses. A felony conviction also may affect your ability to get hired for a job, obtain a security clearance, or rent an apartment. ]: A firearm is not an air rifle or BB gun, but one in which a projectile is discharged or expelled through the barrel by the force of an explosion or other form of combustion. (a) No person shall shoot or discharge a firearm, explosive or other weapon which discharges a dangerous projectile into any occupied or unoccupied dwelling or building or railroad locomotive or railroad car, aircraft, automobile, truck or watercraft in this state. It makes no difference for purposes of this code section if the dwelling is occupied so long as it is being used as a residence. What is Californias Felon With A Firearm Law? In this section, we offer solutions for clearing up your prior record. 59-458; s. 752, ch. Legal defenses Virginia Code 18.2-154 contains an additional provision about shooting at a conspicuously marked police car, fire or rescue vehicle, ambulance, or any other emergency medical vehicle. . In other words, you are not considered to have acted willfully and maliciously when you do something entirely on accident. A conviction can lead to a sentence of up to 7 years in state prison. There has been the Tide Pods challenge, the Kylie Jenner lip challenge and the cinnamon challenge. Around 4 p.m. on October 19, 2022, officers. Police are asking anyone with information about the shootings or who may have video surveillance from businesses located on Fairfax Boulevard between Fairfax Circle and Kamp Washington to contact Detective Green at 703-385-7959 or MGreen@fairfaxva.gov. any occupied vehicle, aircraft, watercraft, or other conveyance that is in Besides having the intent, you must have taken at least a direct step toward accomplishing it. ; person: includes a corporation as well as a natural person.See Alabama Code 1-1-1; state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States.See Alabama Code 1-1-1 If you would like to discussa pending case with an attorneycontact the Aizman Law Firmat 818-351-9555 for afree confidential consultation. In the event of the death of any such person, resulting from such malicious shooting or throwing, the person so offending is guilty of murder in the second degree. Another set of statutes criminalizing discharge of a weapon address shooting out of or into a vehicle. Article 1. You also commit the offense when you fire indiscriminately into an occupied building or car or inhabited dwelling, believing that someone was there. You have to be identified as the shooter. If you have been arrested and would like tolearn more about howattorneys charge. 18.2-80 Burning or destroying any other building or structure 18.2-81 Burning or destroying personal property, standing grain, etc. Application for a Concealed Handgun Permit, Selected State Laws Pertaining to Firearms. In other words, California law punishes throwing potentially harmful objects at motor vehicles as seriously as it takes shooting guns at occupied vehicles. Virginia may have more current or accurate information. Three (3), five (5) or seven (7) years inCalifornia state prison. 2. Shooting, or throwing anything at, a vehicle is a serious felony offense. In fighting such a serious firearms charge, it is an enormous help to have an experienced California gun crimes defense attorney on your side. It might seem like the word at doesnt require any explanation. [AND3. Encino, CA 91436, 26565 Agoura Road Example: Chuck fires his gun into his ex-girlfriends trailer in Los Angeles. Assault with a firearm is another wobbler. Example: Aaron is not very experienced with guns and ends up accidentally firing the gun he just got for his birthday in the direction of his friends house. Attempted murder is always a felony, though it can be charged in the first or second degree. You already receive all suggested Justia Opinion Summary Newsletters. (1969, c. 341; c. 869, s. What is the crime of shooting at an inhabited dwelling? A violation of Penal Code 246 is charged as a felony. We do not handle any of the following cases: And we do not handle any cases outside of California. If convicted as amisdemeanor, the court can impose up to one year in county jail and/or a fine of up to $1000. Shooting Into an Occupied Dwelling or Vehicle. A fine of up to ten thousand dollars ($10,000). You may be convicted under this statute if you fired a weapon at people standing outside an occupied dwelling. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. ]), Same. Willfully discharging firearms in public places. [A (house/house car/camper) is not inhabited if the former residents have moved out and do not intend to return, even if some personal property remains inside. Like the viral challenges before it, police say people are getting hurt from the innocuous-sounding Orbeez Challenge. Instead, it can meaneither: Example: Warren drives to his old workplace andfires out of his passenger window at two coworkers, who are not hit. She is a proud member of the California Attorneys For Criminal Justice, California DUI Lawyers Association & the National College of DUI Defense, A switchblade1is a serious and deadly weapon. They were so pleasant and knowledgeable when I contacted them. 18.2-308.7 Possession or Transportation of Certain Firearms by Persons Under the Age of Eighteen, 18.2-308.8 Importation, Sale, Possession or Transfer of Striker 12's, 52-25.1 Reporting of Confiscated Firearms, 54.1-4200 Dealers in Firearms, Definitions, 54.1-4201.1 Notification by Sponsor of Firearms Show to State Police and Local Law Enforcement, 15.2-1209.1 Counties may regulate carrying of loaded firearms on public highways, 15.2-915.2 Regulation of transportation of a loaded rifle or shotgun, 15.2-915.3 Requiring fingerprinting for concealed handgun permit. As used in Penal Code 246, shooting at doesnt have to mean shooting directly at a target. The statute does not apply if you fire a gun while inside an occupied car or dwelling, though it is applicable if you are in a dwelling and you fire shots at the house or dwelling next door or even above, below or next to you should you be in an apartment unit7. 14, 15; 1992, c. 738; 2005, c. 143. Virginia has a number of laws that regulate where youre allowed to fire a weapon, It is a crime to shoot a weapon where people might be in danger of injury or death. Shooting at or throwing missiles, etc., at train, car, vessel,etc. The mandatory minimum applies regardless of whether the shooting was malicious or merely unlawful. Spin Master does not manufacture or sell gel guns. This definition consists of the following elements of the crime: Lets take a better look at the terms in this legal definition. You can be convicted of thisCalifornia firearms offense for shooting at a house, apartment, RV or camper even if no one is actually home at the time. If you fired a gun at an inhabited dwelling or occupied building or car at the direction of, for the benefit or while associated with a gang, you face an additional 2, 3 or 4 years underPC 186.22, the gang enhancement statute. Copyright 2023 Shouse Law Group, A.P.C. You can be convicted of this wobbler offense, meaning it can be charged as a misdemeanor or as a felony, if the following conditions are met: This offense would be applicable to nearly any scenario in which you intentionally fired the weapon, knowing it was loaded, while in an inhabited area8. This 'trend' also has the potential to cause fear or panic in that some of these gel blaster guns could be mistaken for an actual firearm.". Firearm Dened. Your email address will not be published. 143.). Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. This is a wobbler Offense. If you want to understandwhy its important to have an attorney represent you. 102], People v. Jischke (1996) 51 Cal.App.4th 552, 556 [59 Cal.Rptr.2d 269], People v. Ramirez (2009) 45 Cal.4th 980, 990 [89 Cal.Rptr.3d 586, 201 P.3d 466], People v. Jones (2002) 103 Cal.App.4th1139 [127 Cal.Rptr.2d 319]. An assault is an unlawful attempt to commit a violent injury on someone else.36If you are alleged to have used a firearm to assault someone, you will be charged with assault with a firearm under Penal Code 245(a)(2) PC.37. "We share this information so that parents can be aware of this trend and if your teen has a gel blaster gun we encourage you to discuss the potential dangers of this new trend," they said. Volusia County Sheriff's Office, Fla., Twitter page, Teenagers Are Still Eating Tide Pods, But Don't Expect A Product Redesign. See also Penal Code 672 PC Offenses for which no fine prescribed; fine authorized in addition to imprisonment, endnote 5, above. If you intended to kill someone but failed in doing so, you could be charged with attempted murder. Shouse Law Group has wonderful customer service. 4; You may also be fined up to ten thousand dollars ($10,000). ; penalty Like most crimes involving firearms, Penal Code 246 is a so-called deportable crime.29So if you are not a U.S. citizen, and you are convicted of this offenseor plead guilty to ityou can be deported. Either six (6) months to one (1) year in county jail, OR three (3), five (5) or seven (7) years in. Discharging certain barreled weapons or a These are imposed consecutively so that the sentence begins after you serve your time for Attempted Murder and for shooting at an inhabited dwelling or occupied building or car. . The latest viral social media trend is gaining traction on TikTok and has police across the U.S. warning their communities of the potential dangers. Mike pulls out his gun and fires a shot in the direction of the house (but not at the child), hoping to scare the coyote away. [T]he ring of a pistol within a dwelling house does not constitute a violation ofPenal Code section 246. (. House cars means motor vehicles that are equipped for human habitation, like trailers or RVs. Betty is guilty of shooting at an inhabited dwelling for firing from her apartment into Andreas.14. 18.2-53. Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. s. 2, ch. davidson county ems director, what happened to the sacambaya treasure,

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