CALCRIM No. 966

(Pen. Code, § 247(b))

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

(uninhabited house[,]/ [or] uninhabited building[,]/ [or] unoccupied

motor vehicle) [in violation of Penal Code section 247(b)].

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

prove that:

[1.] The defendant willfully shot a firearm at an (uninhabited

house[,]/ [or] uninhabited building[,]/ [or] unoccupied motor

vehicle)(;/.)

<Give element 2 when consent of the owner is an issue; see Bench

Notes.>

[AND]

[2. The defendant did the shooting without the owner’s permission(;/

.)]

<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.

[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 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 January 2007, February 2012