Unlawful discharge of a firearm from a vehicle

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  1. (a)

    1. (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person.

    2. (2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.

  2. (b)

    1. (1) A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.

    2. (2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.

  3. (c)

    1. (1)

      1. (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.

      2. (B) Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.

    2. (2)

      1. (A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in § 5-64-505.

      2. (B) The reference in subdivision (c)(2)(A) of this section to § 5-64-505 is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.


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