28-1212.04.
Discharge of
firearm in certain cities and counties; prohibited acts; penalty.
Any person, within the territorial boundaries of any city of the first class or county
containing a city of the metropolitan class or primary class, who unlawfully,
knowingly, and intentionally or recklessly discharges a firearm, while in any motor vehicle or in the
proximity of any motor vehicle that such person has just exited, at or in
the general direction of any person, dwelling, building, structure, occupied
motor vehicle, occupied aircraft, inhabited motor home as defined in section
71-4603, or inhabited camper unit as defined in section 60-1801, is guilty
of a Class IC felony.
Source:Laws 2009, LB63, § 20; Laws 2010, LB771, § 12; Laws 2010, LB817, § 3.
Annotations
Evidence was sufficient to support the defendant's conviction under this section, which proscribes intentionally discharging a firearm in the general direction of an occupied motor vehicle while in the proximity of a motor vehicle, where evidence showed the defendant was present when shots were fired into an occupied motor vehicle and permitted a reasonable inference that the defendant was one of the persons shooting into the vehicle. State v. Ross, 283 Neb. 742, 811 N.W.2d 298 (2012).