§ 2707.1.  Discharge of a firearm into an occupied structure.

(a)  Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.

(b)  Grading.--An offense under this section shall be a felony of the third degree.

(c)  Defense.--It is a defense to prosecution under this section that:

(1)  the person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; or

(2)  the person discharging the firearm was engaged in a hunting activity; and

(i)  the discharge of the firearm took place from a location where the hunting activity is lawful; and

(ii)  the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.

(d)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm."  Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.

"Occupied structure."  Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.


(Dec. 20, 2000, P.L.831, No.116, eff. 60 days)


2000 Amendment.  Act 116 added section 2707.1.