CALCRIM No. 965

(Pen. Code, § 246)

The defendant is charged [in Count] with shooting at an

(inhabited house/inhabited house car/inhabited camper/occupied

building/occupied motor vehicle/occupied aircraft) [in violation of Penal

Code section 246].

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

prove that:

1. The defendant willfully and maliciously shot a firearm;

[AND]

2. The defendant shot the firearm at an (inhabited house/inhabited

house car/inhabited camper/occupied building/occupied motor

vehicle/occupied aircraft)(;/.)

<Give element 3 when instructing on self-defense or defense of another .>

[AND

3. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

Someone acts maliciously when he or she intentionally does a wrongful

act or when he or she acts with the unlawful intent to disturb, annoy, or

injure someone else.

[A (house/house car/camper) is inhabited if someone uses it as a dwelling,

whether or not someone is inside at the time of the alleged shooting.]

[A (house/house car/camper) is inhabited if someone used it as a dwelling

and left only because a natural or other disaster caused him or her to

leave.]

[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.]

[A house includes any (structure/garage/office/ <insert other

structure>) that is attached to the house and functionally connected with

it.]

[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/

bus/school bus/commercial vehicle/truck tractor and trailer/

<insert other type of motor vehicle>).]

[A house car is a motor vehicle originally designed, or permanently

altered, and equipped for human habitation, or to which a camper has

been permanently attached.]

[A camper is a structure designed to be mounted upon a motor vehicle

and to provide facilities for human habitation or camping purposes.]

[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, August 2012, September 2017,

February 2026