Driving by Shooting & Discharging a Weapon at a Residential Structure - Arizona Laws
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Driving by Shooting at a Residential Structure

13-1209.  Drive by shooting; forfeiture; driver license revocation; classification; definitions

  1. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
  2. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.
  3. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years.  On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.
  4. Drive by shooting is a class 2 felony.
  5. As used in this section:
    1. "Motor vehicle" has the same meaning prescribed in section 28-101.
    2. "Occupied structure" has the same meaning prescribed in section 13-3101.

13-1211.  Discharging a firearm at a structure; classification; definitions

  1. A person who knowingly discharges a firearm at a residential structure is guilty of a class 2 felony.
  2. A person who knowingly discharges a firearm at a nonresidential structure is guilty of a class 3 felony.
  3. For the purposes of this section:
    1. "Nonresidential structure" means a structure other than a residential structure.
    2. "Residential structure" means a movable or immovable or permanent or temporary structure that is adapted for both human residence or lodging.
    3. "Structure" means any building, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is being used for lodging, business or transportation.

Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)

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Drive-By Shooting Laws in Arizona