28-1212.02. Unlawful discharge of firearm; penalty.

213 words·~1 min read·/ne/chapter-28/28-1212-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603 , or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony.

Sufficient evidence supported the defendant's conviction of unlawful discharge of a firearm where circumstantial evidence showed that the defendant fired a gun at an occupant inside an apartment but missed. State v. Dap, 315 Neb. 466, 997 N.W.2d 363 (2023).

Attempted first degree assault is not a lesser-included offense of unlawful discharge of a firearm, and unlawful discharge of a firearm is not a lesser-included offense of attempted first degree assault. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).

Prosecution for both unlawful discharge of a firearm under this section and possession of a deadly weapon by a felon under section 28-1206 does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).

Prosecution for both unlawful discharge of a firearm under this section and use of a deadly weapon to commit a felony under section 28-1205 in a single proceeding does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).