CALCRIM No. 968

The defendant is charged [in Count] with shooting from a motor

vehicle [at another person] [in violation of Penal Code section 26100].

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

prove that:

1. The defendant willfully and maliciously shot a firearm from a

motor vehicle(;/.)

<Give element 2 when defendant charged with Pen. Code, § 26100(c).>

[AND]

[2. The defendant shot the firearm at another person who was not in

a motor vehicle(;/.)]

<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, defraud,

annoy, or injure someone else.

[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 February 2012, March 2024,* February 2026

* Denotes changes only to bench notes and other commentaries.