2.202 — UNLAWFUL DISCHARGE OF A FIREARM

Violations of "Statute 2.201" results in a Class F Felony

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(a) Definitions

Unlawful discharge of a firearm is defined as the intentional, reckless, or negligent discharge of a firearm in a manner that poses a danger to human life or safety, without legal justification or excuse.

(b) Elements

To prove unlawful discharge of a firearm, the prosecution must establish the following elements beyond a reasonable doubt:

1. The defendant discharged a firearm.

2. The discharge occurred in a manner that posed a danger to human life or safety.

3. The defendant acted intentionally, recklessly, or negligently in discharging the firearm.

4. The discharge was without legal justification or excuse.

(c) Defenses

Defenses to a charge of unlawful discharge of a firearm may include, but are not limited to:

• Legal justification: The defendant discharged the firearm in lawful self-defense, defense of others, or in the performance of official duties.

• Accidental discharge: The discharge was accidental and occurred despite the defendant's exercise of reasonable care.

• Mistaken identity: The defendant was not the person who discharged the firearm.

• Necessity: The discharge was necessary to prevent imminent harm to oneself or others.

(d) Aggravating Factors

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

• Prior convictions for unlawful discharge of a firearm or other related offenses.

• Discharge of a firearm in close proximity to a school, residential area, or other sensitive location.

• Discharge of a firearm resulting in injury or death to a person.

• Discharge of a firearm in connection with the commission of another felony offense.